ORDINANCE NO. 21-21
To view ORDINANCE NO. 21-21 in PDF, click here.
AN ORDINANCE AMENDING CHAPTERS 17.146, 17.168 AND 17.170 OF THE MURRAY CITY MUNICIPAL CODE AND ENACTING CHAPTERS 17.162 AND 17.164 RELATED TO MIXED USE ZONES
 
BE IT ORDAINED BY THE MURRAY CITY MUNICIPAL COUNCIL:
 
Section 1.  Purpose.  The purpose of this Ordinance is to (1) amend chapters 17.146, 17.168 and 17.170 of the Murray City Municipal Code, and (2) to enact chapters 17.162 and 17.164, related to mixed use zones.
 
Section 2.  Amend chapters 17.146, 17.168 and 17.170. Chapters 17.146, 17.168 and 17.170 of the Murray City Municipal Code shall be amended as follows:
 
CHAPTER 17.146:  MURRAY CENTRAL MIXED USE,  MCMU
 
17.146.010: PURPOSE:
 
The purpose of a mixed use district is to encourage pedestrian oriented design, promote development, and protect the public health, safety, and welfare. The Murray Central Mixed Use district is intended to encourage compact, carefully planned mixed use development in the vicinity of the Murray Central Station, including neighborhood oriented commercial and restaurant space to provide increased opportunities for pedestrian activity. The MCMU district is facilitated by site and community design standards that:
 
   A.   Encourage high quality, compact development, and increase the number of residents and workers within walking distance of transit opportunities.
   B.     Encourage a mix of high quality residential, office, commercial, live-work, open space, entertainment, recreation, public and institutional land uses.
C.     Revitalize areas proximate to transit stations.
D.     Improve the urban design in the area.
E.     Encourage active community life within a framework of attractive and welcoming buildings and usable open spaces.
F.     Coordinate the urban design and streetscape elements in order to create a distinct visual quality for the area.
G.     Manage parking and access in a manner that enhances pedestrian safety, pedestrian mobility, and quality urban design.
H.     Encourage structured parking, new roads, and public open spaces to enhance the design and function of the built environment.
I.     Encourage a safe, attractive, and comfortable environment for the pedestrian and bicyclist by providing public open spaces, public pedestrian walkways, wide sidewalks, bike lanes, street furniture, pedestrian scale lighting, street trees and other appropriate amenities.
J.     Encourage conservation of resources and optimal use of public infrastructure toward a sustainable community.
K.     Require property owners, developers, architects, and contractors to use a mix of high quality, durable, low maintenance building materials for projects in this zoning district. (Ord. 10-04 § 2)
 
17.146.020: DEFINITIONS:
 
FLOOR AREA RATIO (FAR): Shall be calculated as the gross floor area of all buildings on a lot or parcel, divided by the lot area.
HORIZONTAL MIXED USE: A mixed-use project in which all or some of the commercial and residential components are provided in separate buildings on the same parcel or on contiguous parcels included together in a Master Site Plan.
PRINCIPAL STREET: Public rights-of-way which are classified as collectors or arterials by the Murray City Master Transportation Plan or private streets that would function as collectors or arterials.
PRIVATE STREET: Means a right of way of easement in private ownership, not dedicated or accepted as a public street, which affords the principal means of access to two (2) or more sites.
PUBLIC STREET: Means a thoroughfare which has been dedicated to the public and accepted by proper public authority, or a thoroughfare which has been adjudicated to be a public street by public use as provided by law.
TRANSIT STATION: Refers to one of the three (3) rail stations located in Murray City's boundaries; the Murray North Station, Murray Central Station, and Fashion Place West Station.
VERTICAL MIXED USE: A mixed-use project in which the commercial components are provided within the same buildings with the residential components.
XERISCAPING: An attractive, sustainable landscape based on sound horticultural practices, which shows evidence of care. This method is beneficial especially for arid and semiarid climates and utilizes water conserving techniques (as the use of drought tolerant plants, mulch, and efficient irrigation).
(Ord. 19-36 § 2: Ord. 10-04 § 2)
 
17.146.030: PERMITTED USES:
 
A.     A use not specifically designated is prohibited. The inclusion of a major heading includes all subcategories listed under the major heading unless otherwise excepted.
B.     The following uses are permitted in the district (where square foot limits are specified, they shall apply to individually operating businesses, not to the entire property):
 
                                                                                                                                                                                                                                                                     
 
Use No.
Use Classification
  1100
Household units (except 1110, 1112, 1114, 1115, 1116, 1121, 1122).
  1210
Residential facility for disabled persons.
  1210
Residential facility for elderly persons (see chapter 17.32 of this title).
  1241
Retirement homes, independent living, or congregate care.
  1300
Residential hotels and apartment hotels.
  1511
Hotels.
  4100
Railroad, rapid rail transit, and street railway transportation.
  4601
No fee parking lots and garages (except surface parking lots not associated with a permitted use).
  4602
Commercial parking lots and garages on a fee basis (except surface parking lots not associated with a permitted use).
  4710
Telephone communications (except 4712).
  4730
Radio communications.
  4740
Television communications.
  4750
Radio and television communications, combined.
  4760
Recording and sound studios.
  4800
Utilities (offices, lines and right of way only; except 4812, 4813, 4822, 4823, 4832, 4842, 4843, 4845, 4850, 4861, and 4874).
  4920
Transportation services and arrangements (with no more than 5 employees in no more than 2,500 square feet; no loading dock; deliveries and shipping only by van or small truck during normal business hours; no odors; no outside storage).
  5210
Building materials, tile (no outside storage; not to exceed 12,000 square feet).
  5220
Heating and plumbing equipment (no outside storage; not to exceed 12,000 square feet).
  5230
Paint, glass, and wallpaper (no outside storage; not to exceed 12,000 square feet).
  5240
Electrical supplies (no outside storage; not to exceed 12,000 square feet).
  5251
Hardware (no outside storage; not to exceed 12,000 square feet).
  5254
Janitorial supplies (no outside storage; not to exceed 12,000 square feet).
  5255
Building maintenance materials (no outside storage; not to exceed 12,000 square feet).
  5256
Swimming pool supplies (no outside storage; not to exceed 12,000 square feet).
  5310
Department stores (not to exceed 40,000 square feet unless floor area ratio (FAR) of 1.0 is met).
  5320
Mail order houses (deliveries and shipping only during normal business hours; not to exceed 12,000 square feet).
  5330
Variety stores (not to exceed 40,000 square feet unless FAR of 1.0 is met).
  5350
Direct selling organizations (deliveries and shipping only during normal business hours; no outside storage; not to exceed 20,000 square feet).
  5390
General merchandise (not to exceed 40,000 square feet unless FAR of 1.0 is met).
  5400
Food stores (not to exceed 40,000 square feet unless FAR of 1.0 is met).
  5600
Apparel and accessories (not to exceed 40,000 square feet unless FAR of 1.0 is met).
  5700
Furniture, home furnishings, and equipment (not to exceed 40,000 square feet unless FAR of 1.0 is met).
  5810
Eating places (drive-through sales to be allowed by conditional use permit; not to exceed 20,000 square feet).
  5910
Drug and proprietary (not to exceed 12,000 square feet).
  5920
Liquor, package (state store).
  5930
Antiques and secondhand merchandise (except 5935, 5938 and construction materials; not to exceed 20,000 square feet).
  5940
Books, stationery, art, and hobby supplies (not to exceed 40,000 square feet unless FAR of 1.0 is met).
  5950
Sporting goods, bicycles, and toys supplies (not to exceed 40,000 square feet unless FAR of 1.0 is met).
  5969
Garden supplies (not to exceed 40,000 square feet unless FAR of 1.0 is met).
  5970
Jewelry (not to exceed 12,000 square feet).
  5990
Miscellaneous retail trade (not to exceed 12,000 square feet).
  6100
Finance, insurance, and real estate (except 6112, payday loan services, 6123, 6124, and 6141 surety bail bonding) (not to exceed 40,000 square feet unless FAR of 1.0 is met).
  6213
Dry cleaning (in no more than 7,500 square feet; no outside storage).
  6216
Self-service laundries.
  6218
Rug cleaning and repair (in no more than 7,500 square feet; no outside storage).
  6220
Photographic services.
  6230
Beauty and barber services.
  6241
Funeral home.
  6250
Apparel repair, alteration, and cleaning, shoe repair services (except 6256).
  6290
Personal services (except 6293, 6294).
  6310
Advertising services (office only; no outside storage).
  6320
Consumer credit reporting services.
  6330
Duplicating, mailing, stenographic, and office services.
  6340
Dwelling and building services (office only, except 6342, 6345).
  6350
News syndicate services (office only).
  6360
Employment services.
  6390
Business services (office only, except 6394 and 6397).
  6420
Electrical appliance repair and service (except 6421 and 6426; in no more than 12,000 square feet; no outside storage).
  6493
Watch, clock, jewelry repair, engraving.
  6496
Locksmiths and key shops.
  6498
Saw, knife, lawn mower and tool sharpening (in no more than 5,000 square feet; no outside storage).
  6499
Miscellaneous small item repair (in no more than 5,000 square feet; no outside storage).
  6500
Professional services (office only, except 6513 and 6516).
  6600
Contract construction services (office and indoor storage only; no outside storage; not to exceed 12,000 square feet).
  6700
Governmental services (except 6714, 6740, 6750, and 6770).
  6800
Educational services.
  6900
Miscellaneous service organizations.
  7100
Cultural activities and nature exhibitions (except 7124).
  7210
Entertainment assembly (except 7213).
  7220
Sports assembly (except 7223 and 7224).
  7230
Public assembly.
  7391
Penny arcades and other coin operated amusements.
  7395
Card rooms.
  7396
Dance halls, ballrooms (includes dance clubs).
  7397
Billiard and pool halls.
  7399
Other amusements (office only).
  7413
Tennis courts.
  7414
Ice skating.
  7417
Bowling alleys.
  7420
Playgrounds and athletic areas.
  7425
Athletic clubs, bodybuilding studios.
  7432
Swimming pools and schools.
  7451
Archery range (indoor only).
  7492
Picnic areas.
  7600
Parks (public and private).
  8221
Veterinarian services (completely enclosed within a building).
  8224
Pet grooming (completely enclosed within a building).
(Ord. 19-36 § 2: Ord. 16-41: Ord. 10-04 § 2)
 
17.146.040: CONDITIONAL USES:
 
The following uses and structures are permitted in the district only after a conditional use permit has been approved by the Planning Commission and subject to the terms and conditions thereof:
 
                                         
 
Use No.
Use Classification
  1140
Condominium, low rise or garden type.
  1150
Condominium, high rise.
  1210
Rooming and boarding houses.
  2000
Manufacturing industries (trades only in no more than 12,000 square feet; deliveries and shipping only during normal business hours; no odors; no outside storage).
  3220
Glass and glassware (pressed or blown; in no more than 12,000 square feet; deliveries and shipping only during normal business hours; no odors; no outside storage).
  3250
Pottery and related products (except 3251 and 3255; trades only in no more than 12,000 square feet; deliveries and shipping only during normal business hours; no odors; no outside storage).
  3500
Professional, scientific, and controlling instruments; photographic and optical goods; watches and clocks (trades only in no more than 12,000 square feet; deliveries and shipping only during normal business hours; no odors; no outside storage).
  3900
Miscellaneous manufacturing (trades only in no more than 12,000 square feet; deliveries and shipping only during normal business hours; no odors; no outside storage).
  5100
Wholesale trade (except 5110, 5120, 5150, 5162, 5169, 5170, 5181, 5182, 5185, 5191, 5192, 5193, 5198, 5199 firearms and ammunition, charcoal, livestock and poultry feed, farm supplies, hay; in no more than 12,000 square feet; deliveries and shipping only during normal business hours; no odors; no outside storage).
  5813
Short order eating places with no product specialty, auto oriented (drive-in or drive-through establishments, etc.).
  5820
Drinking places alcoholic beverages.
  6516
Skilled nursing, convalescent and rest home facilities. (Does not include asylums.)
  6516.1
Assisted living facilities.
  8121
Indoor farming. Includes crops grown wholly indoors for commercial distribution to other locations and/or retail sale on site.
(Ord. 19-36 § 2: Ord. 19-20: Ord. 16-41: Ord. 10-04 § 2)
 
17.146.050:  ESTABLISHMENT OF SUBDISTRICTS
 
A.     The Murray Central Mixed Use district is intended for those properties in the vicinity of the Murray Central transit station in order to support vibrant, compact, and pedestrian-oriented development of properties in this area with significant access to transit opportunities. 
B.     The area is bifurcated by Interstate 15.  Murray City recognizes significant differences in the transit access and development opportunities between properties to the east and west of Interstate 15. 
1.   MCMU EAST. Properties located in the Murray Central Mixed Use          Zone east of Interstate 15 are established as the MCMU East          Subdistrict.
2.   MCMU WEST. Properties located in the Murray Central Mixed Use          Zone west of Interstate 15 are established as the MCMU West          Subdistrict.
C.       Except where specifically stated, the requirements, regulations, and standards of the MCMU Zone shall be applied equally to both subdistricts.
 
17.146.060 SITE PLAN/MASTER SITE PLAN REQUIRED:
 
New development and redevelopment of properties in the MCMU Zone shall be reviewed by the Planning Commission for conformance to the requirements of this chapter for Site Plan Approval.  A Master Site Plan approved by the Planning Commission is required for all Horizontal Mixed Use Developments and mixed-use developments located on a parcel or combination of parcels greater than three (3) acres. In addition to the requirements of this zone, the Planning Commission shall address the following when considering an application for Master Site Plan approval:
A.     Building Orientation.  Commercial and residential buildings in the same project should primarily be oriented to face public and private streets and accesses, and not parking lots. The orientation of commercial buildings in mixed use projects should consider the residential components of the project and facilitate convenient access to them.
B.     Central Feature.  A prominent, centrally located feature such as a park, plaza, or other gathering place should be provided to unify the residential and commercial uses of the project. This location should include features and amenities to encourage public use and activity, with convenient access from both residential and commercial components of the development.
C.     Outdoor Spaces. Buildings should be designed to form outdoor spaces such as courtyards, plazas, and terraces that can integrate the components of the development. Pedestrian walkways linking the components of the development with these outdoor spaces and the public streets should be developed. Potential linkages to existing and future adjacent developments should be considered.
D.     Development Agreement. Mixed Use developments that require a Master Site Plan shall be approved in conjunction with a Master Site Plan Agreement between Murray City and the developer. The Master Site Plan Agreement shall govern requirements for the timing of the installation of improvements, performance on construction of critical development components, and shall further memorialize the requirements for development of the several buildings and parcels as contained in the Master Site Plan and other project approvals.
1.       Required Elements.  The Master Site Plan Agreement must    address the following components of the proposed project:
      a.     Allowed phasing of residential and commercial development          components.
b.     Allowed residential densities.
c.     Required parking for all uses.
d.     Buffering of adjacent single-family residential zones. 
e.     Adequate public facilities and services. 
f.     Establishment, maintenance, or enhancement of             commercial elements. 
E.     Master Site Plan Application Requirements.  When making applications for Master Site Plan approval to the Planning Commission, the applicant shall provide, at a minimum, the following:
1.     Traffic Impact Study.  The study must be prepared by a licensed          traffic engineer and analyze the traffic impacts of the proposed          development on surrounding public and private transportation          facilities.
2.     Parking Analysis.  The applicant must prepare a parking analysis          for the proposed mix of uses, demonstrating that the project’s          parking and circulation needs can be accommodated. 
3.     Adequate Public Utilities & Facilities Review.  In order to determine          the availability of and impact upon public facilities and services the          applicant shall conduct a review of all public utilities including          power, water, sanitary sewer, and storm water with the Public          Works Department. 
4.     Public Services Review.  The City may require review of the             project’s impact upon services including Police, Fire, Schools,          Parks, and others.
 
17.146.0070: AREA, WIDTH, FRONTAGE AND YARD REGULATIONS:
 
A.     The front setback for buildings facing public or private streets excepting courtyards and plazas, shall be between fifteen feet (15') and twenty five feet (25') from the back of curb and gutter. Buildings with setbacks between fifteen feet (15') and eighteen feet (18') must utilize recessed entrances.  Up to fifty percent (50%) of the front setback may be greater than twenty five feet (25') if the additional front setback is developed as a courtyard or plaza, or to accommodate curbside management planning. Buildings may have detached components within a courtyard or plaza if the uses in the detached component enhance activity on the courtyard or plaza.
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B.     The courtyard or plaza area shall be deemed to be a part of the front setback of the building.
C.     Buildings located on a corner lot shall front on both streets.
D.     All front setback areas shall be landscaped in accordance with applicable sections of this title.
E.     Parking and/or driveways are not permitted in the front setback area of any building, or between the building and the street. Drive-thru lanes may be approved in front setback areas as part of a Master Site Plan if the Planning Commission finds that the purposes and other requirements of the MCMU Zone are not negatively impacted.
F.     Maintenance buildings, trash collection and recycling areas, storage and service areas, mechanical equipment and loading docks shall not be permitted in the front setback of any building. Single or ganged utility meters or other service equipment may be located in the front setback of any building, provided there are site constraints which preclude their access in a location elsewhere on site, and they are screened and approved by the city.
G.     The side lot area between non-adjoining buildings and the property line shall be developed as parking, plaza, landscaped open space, or a landscaped walkway with access to the sidewalk. Where parking is located in the side lot area adjacent to a property boundary a five foot (5') wide landscaping area will be required along all property lines not occupied by drive accesses.
H.      A parking structure fronting on a street shall have a front setback of between fifteen feet (15') and twenty five feet (25') from the back of curb and gutter. The parking structure front setback shall not be less than the setback of the main building. The face of the structure abutting the street shall have building materials compatible with the main buildings on the same or adjoining property. The area between the sidewalk and the parking structure shall have a minimum of ten feet (10') of landscaping.
I.      Surface parking lots shall have a minimum setback of between fifteen feet (15') and twenty five feet (25') from the curb. Surface parking shall be located to the side or behind the building. The area between the sidewalk and the parking lot shall have a minimum of ten feet (10') of landscaping. The remainder of the area between the required landscaping and parking shall be a combination of plazas, artwork, fountains, and pedestrian ways. In no case shall the parking be set back from the street less than an adjacent building or buildings.
J.     There shall be a minimum fifty foot (50') setback from the top of the bank of Little Cottonwood Creek, Big Cottonwood Creek, and the Jordan River.  No buildings or parking facilities may be placed in the required setback. The Planning Commission may approve pedestrian and bicycle paths and other open space amenities within the setback if they are not disruptive. Top of bank shall be established by a licensed surveyor or engineer. 
 
(Ord. 19-36 § 2: Ord. 10-04 § 2)
 
17.146.080:  DEVELOPMENT STANDARDS
 
A.   Residential Density.  Residential uses are allowed only in projects with associated commercial components as required by these development standards.   
1.    Calculation of Allowable Density.  Residential density in mixed-use          projects is allowed based upon the closest distance between the          Murray Central Station platform and the development parcel’s          frontage on a public right-of-way, measured as a straight line.          Where a project area has an area of two (2) acres or larger, the          project area may be divided for purposes of measuring distances          and applying allowed densities to different acreage.  Project             residential density is allowed according to Table C below. 
 
 
Table C:  Maximum Allowed Residential Density
Distance to Murray Central Station Platform
1/8 mile
1/4 mile
1/2 mile
>1/2 mile
MCMU East Subdistrict
80
65
50
40
MCMU West Subdistrict
40
40
40
40
*If the measured walking distance from the project to the station platform is more than 1/2 mile, the maximum allowed residential density is limited to 40 units per acre
 
2.    Notwithstanding measurements made under subsection             17.146.080(A)(1) if the measured walking distance from the closest          property line of a development parcel’s frontage on the a public          right-of-way to the Murray Central Station platform is greater than          one-half (1/2) mile, residential density for a proposed project shall          not exceed 40 units per acre.
B.   Required Commercial.  Commercial uses are required for all mixed use projects on development parcels with frontage on principal streets.  Principal streets are identified as 4800 South, Murray Boulevard, Vine Street, and Commerce Drive. 
1.    Vertical Mixed Use Projects.  In vertical mixed use projects,             commercial and retail uses are required on the ground floor of          buildings located along principal streets.  When located within one-         half (1/2) mile of the Murray Central Station platform, commercial          and retail uses shall occupy a minimum of seventy five percent          (75%) of the width of the ground floor of any building facing a          principal street for an extended depth of forty feet (40’). When          located more than one-half (1/2) mile from a transit station,             commercial uses shall occupy a minimum of fifty percent (50%) of          the width of the ground floor of a building facing a principal street          for an extended depth of forty feet (40’).  The balance of the ground       floor may be occupied by residential uses, and residential related          uses, including parking.
2.    Horizontal Mixed Use Projects.  Horizontal mixed use projects shall          provide a minimum commercial square footage component equal to       an area calculated as seventy five percent (75%) of the project          frontage on principal streets, and forty feet (40') in depth. For          projects which comprise multiple parcels, required commercial          square footage shall be calculated based on total project frontage          on principal streets.
3.    Reduction of Required Commercial.  The Planning Commission          may allow a reduction in the required commercial space where          projects will meet the requirements outlined for the MCMU East          Subdistrict and West Subdistrict in Table D and Table E below.           provide additional project amenities and open space, a mix of          housing types, affordable housing, and/or reductions of the             residential density according to the following tables.  Reductions          may be considered by any combination of the allowed methods as          presented in the tables below. 
 
 
Table D:  MCMU East Subdistrict, Reduction of Required Commercial
Reduction of Required Commercial
Reduction of Allowed Residential Density per Acre
Open Space & Amenities
Affordable Housing
75% of required commercial:  fulfill one (1) option
5-9 units
2 additional outdoor amenities / 5% increase in total open space
10% of units reserved for tenants with household incomes no more than 80% of AMI
60% of required commercial:  fulfill two (2) options
10 units
2 additional outdoor amenities / 10% increase in total open space
15% of units reserved for tenants with household incomes no more than 80% of AMI
 
 
Table E:  MCMU West Subdistrict, Reduction of Required Commercial
Reduction of Required Commercial
Reduction of Allowed Residential Density per Acre
Open Space & Amenities
Affordable Housing
75% of required commercial:  fulfill one (1)
Option
5-9 units
2 additional outdoor amenities / 5% increase in total open space
10% of units reserved for tenants with household incomes no more than 80% of AMI
60% of required commercial:  fulfill two (2) options
10-14 units
2 additional amenities / 10% increase in total open space
15% of units reserved for tenants with household incomes no more than 80% of AMI
45% of required commercial:  fulfill one (1) option
15-19 units
3 additional outdoor amenities / 15% increase in total open space – or 10% increase with public availability to at least  25% of open space
10% of units reserved for tenants with household incomes no more than 80% of AMI, 10% of units reserved for tenants with household incomes no more than 60% of AMI
30% of required commercial:  fulfill two (2) options
20 units
4 additional amenities / 20% increase in total open space – or 15% with public availability to 25% or more of the open space
15% of units reserved for tenants with household incomes no more than 80% of AMI, 10% of units reserved for tenants with household incomes no more than 60% of AMI
 
4.    Live/Work Units.  The inclusion of live/work units may be used to          meet the requirement for commercial uses subject to the following          considerations.
a.    Excluding private, attached garage space, the ground floor          of the live/work unit must be designed, constructed, and          used as commercial space.
b.    Commercial spaces within the live/work unit that are used to          satisfy the minimum commercial square footage or frontage          requirements of this chapter may not be used for residential          parking or storage.
c.    The live/work unit’s first story height must be a minimum of          twelve feet (12’).
d.    Parking provided for live/work unit(s) must meet both the          residential and commercial requirements of this chapter.
e.    For mixed-use developments on a parcel or combination of          parcels greater than two (2) acres, live/work units may          comprise no more than 10% of the required commercial          space in the MCMU East Subdistrict, and no more than 20%          of the required commercial space in the MCMU West             Subdistrict.
 
C.    Block Length.  To facilitate and promote human scale and pedestrian    connectivity in development and redevelopment in the MCMU District, block lengths should not generally exceed 300’. In no case should a single building front, regardless of block length, exceed 300’ with no physical break to allow either vehicular or pedestrian access through the building.  Block length may be broken under this section by:
1.   Intersection with an alley or pedestrian path. Only pedestrian paths          with a minimum width of 15’ may be considered to limit block length       under this section.
2.   Intersection with another interior access or public street.
3.   The installation of midblock pedestrian crossings on interior access          or public streets.  Such crossings should be signalized where          possible.  Where signalized crossings are not possible the crossing          should be signed, striped, or delineated with different colors or          paving materials
D.   Buffering Required.  Buffering measures are required for projects directly abutting single-family residential zones including the following:
1.   Building Separation & Landscaped Buffer.  Buildings must be          separated from property lines adjacent to single-family residential          zoning by amenities, interior accesses, surface parking, or open          space in addition to a landscaped buffer of not less than ten feet          (10’) in width and a solid screening fence or wall of not less than 6’          in height.  The landscape buffer shall include trees planted at no          less than 2” caliper and not less than 30’ on center.  Where the          landscaped buffer is located between the adjacent residential zone          and an interior access or surface parking, the buffer may be             reduced to five feet (5’). 
2.   Gradation of Density.  No individual residential building located          directly adjacent to the required buffer may contain more than eight          (8) attached units.  Buildings located directly adjacent to the             required buffer shall represent the lowest residential density units in       the project. 
3.   Height.  New buildings in mixed use projects developed or             redeveloped in the MCMU Zone shall conform to the height             regulations established herein.
a.     The height of a structure located within one hundred feet          (100') of the nearest boundary of a residential zone district          may not exceed thirty-five (35'). 
b.   Number of Stories. No building within 100’ of a single-family          residential zone boundary may consist of more than two          stories.
c.   The inclusion of rooftop gardens and rooftop patios located          above the highest occupied floor of any residential or mixed-         use building is prohibited within 100’ of a single-family          residential zone boundary. 
d.   Exception.  Live/work units without rooftop decks and             located at least fifty feet (50’) from an adjacent single-family          zone boundary may consist of no more than three (3) stories       or forty feet (40’) in height, whichever is less.
e.   Commercial Buildings.  No new commercial mixed-use          building shall be erected to a height less than two (2) stories. 
 
17.146.090: HEIGHT REGULATIONS:
 
A.     Height Restrictions: There are no height restrictions in the district except as provided in Section 17.146.080(D) of this chapter. 
1.     Measurement of Distances.  For purposes of this section, the width          of public or private roadways shall be included in computing             setback distances. For example, if a roadway is located on the          boundary of a residential zoning district, the measurements             required under this section shall be made from the property line of          that roadway which is nearest the residential use or zone.             Otherwise, the measurement shall be made from the residential          zoning district boundary.
2.     Setback distances to structures located pursuant to this section          shall be measured from the nearest residential zoning district          boundary, except as otherwise provided in this section, to the          nearest exterior wall of the structure.
3.     Where residential zoning is separated from the mixed-use zone by          a federal interstate highway the height restrictions of this chapter          shall not apply.
 
17.146.100: BUILDING REQUIREMENTS:
 
A.     Walls, partitions, and floor/ceiling assemblies separating dwelling units from each other or from public or service areas shall have a sound transmission class (STC) of not less than fifty (50) for airborne noise.
B.     Blank walls shall not occupy over fifty percent (50%) of a principal frontage. Nonresidential buildings and structures shall not have a section of blank wall exceeding thirty (30) linear feet without being interrupted by a window, entry, pilaster, or similar element. All development shall provide ground floor windows on the building facade and adjacent to a public or private street, including private pedestrian only streets, parks, paths, or courts. Darkly tinted windows and mirrored windows which block two-way visibility are prohibited as ground floor windows.
C.     All buildings fronting on a street shall have at least one public entrance per use or business which fronts on the street.
D.     All buildings and structures shall be maintained in good condition.
E.     Water conserving plumbing fixtures shall be used. Such fixtures shall include, but are not limited to, dual flush toilets and low volume showers and lavatories which cannot be adjusted or modified.
F.     Authority. Nothing in this section shall be construed to limit the authority of the Planning Commission or Community and Economic Development staff to review building materials, design elements and other aesthetic considerations as it deems proper to mitigate or modify the visual impact of the height of buildings upon surrounding land uses.
 
17.146.110: PARKING REQUIREMENTS: 
 
The Murray Central Mixed Use District is intended to support development patterns which foster pedestrian activity and reduced dependence on automobiles generally, resulting in less demand for vehicle parking.  The parking requirements for residential and commercial uses in this section shall be applied to all new development in the Mixed Use Zone.
A.     For buildings that exceed four (4) stories in height, at least fifty percent (50%) of the parking shall be located within the exterior walls of the building or within parking decks or structures. For the purposes of this chapter, building height is determined by measuring the vertical distance from the average of the finished ground level adjoining the building at the exterior wall to a flat roof deck or, for sloped roofs, to the average height of the highest roof surface. Pursuant to section 17.76.090 of this title, the height limitations shall not apply to architectural screening for mechanical equipment, church steeples, or decorative tower elements.
B.     Parking structures and decks should provide the majority of parking in the MCMU Zone.
1.   Direct Access Required. Parking decks and structures must provide    direct, interior or weather-protected access to the buildings, uses,    and projects that they serve. 
2.   Exception. The Planning Commission may approve parking             intended to fill commercial requirements in structures located up to          three hundred feet (300') from the commercial location if it can be          shown to be necessary. 
3.   Wayfinding signage and marked pedestrian pathways through          structures and sites must be provided in all structured and surface          parking.
C.     On-street parking adjacent to the development parcel shall not count toward the minimum parking required by this chapter.
D.     Parking in excess of one hundred twenty five percent (125%) of the minimums outlined in this section may only be provided in parking structures or within the envelope of the building.
E.     Off-street parking will not be permitted in any fire lane, aisle space or front yard setback areas except as allowed by this chapter.
F.     Development shall comply with off-street parking dimensional standards as found in chapter 17.72 of this title.
G.     Shared parking.  Shared parking may be located on parcels within six hundred feet (600’) of the use for which it is intended if approved by the Planning Commission.  In no case shall parking shared between uses account for more than twenty-five percent (25%) of total required parking for any project.
H.    Required Parking for Residential and Commercial Uses.  Parking requirements for residential and commercial uses in the MCMU East and MCMU West Subdistricts are contained in Table F, below.
 
 
Table F:  Required Parking in the MCMU Zone
MCMU East Subdistrict
MCMU West Subdistrict
Residential – Studio
1 spaces per unit
 
1.25 spaces per unit
Residential – 1 bedroom
1.25 spaces per unit
 
1.5 spaces per unit
Residential – 2  bedroom
1.5 spaces per unit
 
2.15 spaces per unit
Residential – 3+ bedroom
2.5 spaces per unit
 
2.65 spaces per unit
 
Office uses
1 space per 350 ft2 net usable
 
1 space per 300 ft2 net usable
Medical / Dental Offices and Clinics
1 space per 350 ft2 net usable
 
1 space per 300 ft2 net usable
Retail / Commercial
1 space per 350 ft2 net usable
 
1 space per 300 ft2 net usable
Restaurants / Eating & Drinking Establishments
 
1 space per 350 ft2 net usable
1 space per 300 ft2 net usable
Disabled / Accessible
See Section 17.72.040 of this title.  Other requirements per the Americans with Disabilities Act
 
Uses not listed
As determined by the Planning Commission based on comparable standards
 
Parking in excess of 125% of minimums
Allowed as approved by the Planning Commission if provided in structures or within the building envelope
 
17.146.120: ACCESS IMPROVEMENTS: 
 
A.     Construction of new buildings or renovations of existing buildings shall include construction and installation of the adjacent sidewalks, park strips and other landscaping, curbs, gutters, lighting, and street furniture as required in this chapter.
B.     Curbside Management Plans.  New development and renovation projects shall include curbside management considerations with plans for the installation of public and private improvements.  Curbside management planning must thoughtfully address:
1.    The location of loading and unloading space for public             transportation, ride-sharing, and micro-transit. 
2.     The location of consolidated, easily identifiable space for             commercial freight loading and unloading if needed, and the             accommodation of delivery for residential and commercial uses in          the development. 
C.     For new construction and redevelopment generally, improvements within the rights of way for public streets shall include, but not be limited to the following:
1.     Seven foot (7') wide paved sidewalks with an eight foot (8')             landscaped park strip adjacent to the curb and gutter or fifteen foot          (15') paved sidewalk with five foot (5') tree wells adjacent to the          curb as approved by the Planning Commission.
2.     Street trees shall be spaced between thirty feet (30') and forty feet          (40') on center as approved by the City. Landscaping and tree          grates to be approved by the City.
3.     Street lighting shall be spaced between ninety feet (90') and one          hundred ten feet (110') as approved by the City.
D.     Where development will include commercial uses on the ground floor, and sufficient public right-of-way is unavailable for on-street parking, the Planning Commission may approve modifications to the general improvements to accommodate on-street parking as follows:
1.     Seven foot (7') wide paved sidewalks with nine foot (9') wide             adjacent on street parallel parking (including gutters). Forty foot          (40') landscape planters shall be installed between every two (2) to          three (3) parallel parking spaces and shall include the following:
a.     The forty foot (40') landscaping planters shall have one          streetlight, two (2) trees, and shrubs to provide a minimum          ground coverage of fifty percent (50%) at time of planting.
b.     Landscape planter trees shall have branching beginning no          less than six feet (6') above the ground and shrubs not          exceeding a height of three feet (3').
c.     Streetlights shall be placed at the center of every             landscaping planter with the nearest shrubs being located a          minimum of four feet (4') from every light pole.
d.     Street trees shall be located fourteen feet (14') from center          street lighting.
e.     Street planters shall be flared at a minimum forty five degree       (45°) angle in order to facilitate ease of access for the             adjacent parallel parking spaces.
f.     Additional ground cover shall be provided as necessary in          order for landscape planters to have a minimum of fifty          percent (50%) ground cover at time of planting.
2.     Parking must be located a minimum of thirty feet (30') from             intersecting rights-of-way or drive accesses.
3.     Street trees shall also be located in park strip areas not utilized as          landscape planters and shall be spaced every thirty feet (30') to          forty feet (40') on center.
4.     Street lighting within landscape planters and all other park strip          areas shall be spaced every ninety feet (90') to one hundred ten          feet (110') on center and as approved by the City. Street lighting          shall be residential in character with an overall height not to exceed       twelve feet (12') as measured from the base to the top of the pole          luminary. Street lighting shall comply with all other City street          lighting specifications.
E.     The following public improvement street furnishings are required for all developments within the Murray Central Mixed Use District:
            1.     Benches shall be provided and spaced as approved by the City.
            2.     Bicycle racks shall be placed on every development as follows:
a.     The minimum number of bicycle parking spaces for any use          shall be five percent (5%) of the vehicular parking spaces          required for such use, up to a maximum of twelve (12)          spaces.
b.     In all cases where bicycle parking is required, no fewer than          two (2) shall be provided.
c.     All proposed bicycle racks shall be clearly shown on the site          plan indicating location.
                 d.     Bicycle parking spaces shall be:
                     (i)     At least two feet by six feet (2' x 6') per bicycle.
(ii)     Designed to have sufficient space, to be a minimum    of twenty four inches (24"), beside each parked    bicycle to allow access. This access may be shared    by adjacent bicycles. Racks shall be installed a    minimum of twenty four inches (24") from any wall or    other obstruction.
(iii)     Located to prevent damage to bicycles by vehicles,    etc.
                     (iv)     In a convenient, visible, lighted area.
(v)     Located so as not to interfere with pedestrian    movements.
(vi)     As near the principal entrance(s) of the building as    practical.
(vii)      Located to provide safe access to and from the    street.
(viii)     Designed to allow each bicycle to be supported by its    frame.
(ix)     Designed to allow the frame and wheels of each    bicycle to be secured against theft.
                     (x)    Anchored to resist rust or corrosion, or removal by                  vandalism.
(xi)    Designed to accommodate a range of bicycle shapes       and sizes and facilitate easy locking without    interfering with adjacent bicycles.
 
17.146.130: LOADING AND SERVICE AREAS:
 
A.     Trash collection and recycling areas, service and storage areas, mechanical equipment and loading docks shall be screened on all sides so that no portion of such areas is visible from the adjacent public streets or alleys and adjacent properties. Screening shall have a minimum height of eight feet (8') and may include accessory buildings, shrubbery and plantings, decorative walls, solid fences, screen panels, doors, topographic changes, buildings, or any combination of the above.
B.  No more than two (2) loading docks per individual use; loading docks are not to be located in building frontage. (Ord. 10-04 § 2)
 
17.146.140: LANDSCAPING, OPEN SPACE & PROJECT AMENITIES:
 
Mixed-use developments require open space and recreation opportunities for residents and visitors.  The following regulations shall govern the provision of landscaping, open space, and project amenities for development and redevelopment of properties as mixed-use projects in the MCMU Zone.
A.     Fifteen percent (15%) of the land area of each development shall be conserved as natural open space and/or provided as landscaping, courtyards, plazas, or walkways. Areas used for drainage retention with a slope greater than three to one (3:1) will not qualify as open space filling the requirements of this section.  Outdoor amenities with significant incorporated landscaping or open space elements may qualify as open space filling the requirement of this section upon review and approval by the Planning Commission.
B.     Each development shall have a system of pedestrian walkways and sidewalks that provide easy connections between the building entrances, neighboring building entrances, sidewalks, parking areas, open space, and trails.
C.     Water conserving landscape designs shall be used.  All landscaping must be irrigated and planted with substantial live plant material or appropriate xeriscape for the purpose of buffering, screening, and beautifying the site, and shall comply with applicable landscape requirements found in Chapter 17.68 of this title, except that lawn shall not be required as stated in subsection 17.68.040(A)(1)(a) of this title.  At plant maturity the landscaping shall represent compatibility with surrounding developed properties and uses and must be permanently maintained by the owner or occupants.
D.     Project Amenities.  Project amenities are indoor and outdoor community improvements, elements, and programmed spaces that are available in common to the residents of the mixed-use development.  A minimum of two (2) amenities must be provided in each mixed-use project having between 30 and 150 residential units.  Additional amenities are required at a rate of one amenity for each additional 100 dwelling units or portion thereof beyond the first 150 units.  Where such amenities are required, they must represent a mix of both indoor and outdoor amenities.  Selections may be made from the list below or the Planning Commission may consider and approve the use of other amenities not anticipated here.
1.   Playing fields
      2.   Sport Courts
   3.   Playground areas (to include four pieces of playground equipment    minimum)
      4.   Picnic areas
      5.   Tennis courts
      6.   Swimming pool
      7.   Exercise rooms, gymnasiums
      8.   Club rooms
      9.   Outdoor patios areas
      10.   Gazebos
      11.   Walking paths
      12.    Multi-purpose trails
      13.   Dog parks
      14.   Nature paths with improvements
      15.   Climbing Walls and Gyms
      16.   Amphitheaters and outdoor entertainment areas
   17.   Tot-lots (may consist of single playground equipment with seating    adjacent)
      18.    Community gardens
      19.    Interactive fountains and/or water features
 
17.146.150: LIGHTING STANDARDS:
 
A.     Street and sidewalk lighting shall meet adopted City light design standards.
B.      Illumination levels shall not exceed IESNA recommended standards.
C.     Lighting shall be provided for pedestrian ways that is appropriately scaled to walking. Light standards shall not be taller than sixteen feet (16'). However, light standards adjacent to State Street or 4500 South (major arterial roadways), as well as Vine Street and 4800 South (major collector roadways) are allowed up to twenty three feet (23') in height. Light standard height will be reviewed on a case-by-case basis by City staff.
D.     Lighting shall be shielded and directed downward to prevent any off-site glare.
E.     All site lighting luminaires will conform to IESNA "cutoff" or "sharp cutoff" classification. City staff will provide additional details as needed.
F.      An amber lamp color (3,000 Kelvin), or other color in consultation with the Power Department can be used for a project.
G.     For property owner installed private lighting, metal halide and induction lamp sources may be used subject to approval by the City Power Department and CED staff. Building facade lighting must be shielded and directed downward to avoid light trespass and illumination of the night sky. (Ord. 18-22)
 
17.146.160: STORAGE OF COMMERCIAL VEHICLES:
 
No trucks, motor vehicles or commercial trailers having a gross vehicle weight rating of more than twelve thousand (12,000) pounds shall be stored or parked outdoors on any lot or parcel within the MCMU Zone, nor shall any contracting and/or earthmoving equipment be stored or parked outdoors on any lot or parcel within the MCMU Zone. (Ord. 18-22)
 
17.146.170: NONCONFORMING USES AND DEVELOPMENTS:
 
Nonconforming uses shall be allowed to continue and expand in accordance with chapter 17.52 of this title. Establishment of permitted or conditional uses on properties that are nonconforming in relation to building or parking setback, landscaping, or other site development standards shall not be required to bring the site into conformance with the standards of this chapter until the cost of improvements or renovations to a property or site exceeds fifty percent (50%) of the assessed value of the buildings on the property. Applications for renovations or improvements to properties that are nonconforming in relation to development standards shall include a calculation of the cost of the improvements. (Ord. 18-22)
 
 
CHAPTER 17.168: TRANSIT ORIENTED DEVELOPMENT DISTRICT, TOD
 
17.168.010:  PURPOSE: 
 
The purpose of a Transit Oriented Development District (TOD) is to encourage pedestrian oriented design, promote development and protect the public health, safety, and welfare by preserving the unique character of existing areas for future use and development. The TOD encourages compact, mixed use development near transit stops. Carefully planned mixed uses, including neighborhood oriented commercial and restaurant space, provide increased opportunities for transit and pedestrian activity. It is established to preserve and encourage the pedestrian character of commercial areas and to promote street life and activity by regulating building orientation and design and accessory parking facilities while prohibiting certain high impact and automobile oriented uses. A TOD is facilitated by site and community design standards that:
 
   A.    Encourage high quality, compact development and increase the number of residents and workers within walking distance of transit opportunities.
   B.    Encourage a mix of high quality residential, office, commercial, live-work, open space, entertainment, recreation, public and institutional land uses.
   C.    Revitalize areas proximate to transit stations.
   D.    Improve the urban design in the area.
   E.    Encourage active community life within a framework of attractive and welcoming buildings and usable open spaces.
   F.    Coordinate the urban design and streetscape elements in order to create a distinct visual quality for the area.
   G.    Manage parking and access in a manner that enhances pedestrian safety, pedestrian mobility,    and quality urban design.
   H.    Efficiently use public and private resources by reducing parking requirements for development in close proximity to a transit stop.
   I.    Provide incentives for structured parking, new roads, and public open spaces to enhance the design and function of the built environment.
   J.    Encourage a safe, attractive, and comfortable environment for the pedestrian and bicyclist by providing public open spaces, public pedestrian walkways, wide sidewalks, bike lanes, street furniture, pedestrian scale lighting, street trees and other appropriate amenities. (Ord. 07-36 § 2)
 
17.168.020:  TOD BOUNDARIES: 
 
The TOD is centered in the Fireclay area around the TRAX light rail Murray North Station and is bounded by Big Cottonwood Creek on the north, fifteen feet (15’) east of Main Street on the east, 4500 South Street on the south, and the D&RGW (Union Pacific) railroad tracks on the west. (Ord. 07-36 § 2)
 
17.168.030: TOD GUIDELINES: 
 
The Murray City Municipal Council shall adopt TOD Guidelines. Property located within the TOD shall be developed in conformance with the provisions set forth herein and with the TOD Guidelines. For purposes of this chapter, landscaping requirements and encroachment allowances shall be governed by the TOD Guidelines. All uses shall meet the requirements and standards set forth in this chapter. (Ord. 07-36 § 2)
 
17.168.040:  DEFINITIONS: 
 
For purposes of this chapter, the following terms shall be defined as follows:
 
DEVELOPMENT PARCEL: A lot or contiguous lots under the control of a single development entity.
PRINCIPAL STREET: A collector or arterial street, including Main Street and Fireclay Avenue west of Main Street.
RENOVATION: Physical modification to a building that involves the entire building or has a substantial visual impact on the building or the surroundings. By way of illustration, renovation includes, without limitation, overall building design, exterior facades, site landscape and parking. (Ord. 07-36 § 2)
 
17.168.050: USES:
   A.    A use not specifically designated is prohibited. The inclusion of a major heading includes all subcategories listed under the major heading unless otherwise excepted. For example, listing 6900 miscellaneous service organizations includes all categories and subcategories listed from 6910 through 6999.
   B.    The uses are contained in Table A, below, are permitted in the TOD Zone.
 
 
Table A:  Permitted Uses
No.
Land Use Classification
1100
Household units (excepting 1110).
1241
Retirement homes, independent living, or congregate care.
1511
Hotels.
4100
Railroad, rapid rail transit, and street railway transportation.
4210
Bus transportation (except 4214 and 4215).
4210
Commercial parking lots and garages on a fee basis (except surface parking lots not associated with a permitted use).
4601
No fee parking lots and garages (except surface parking lots not associated with a permitted use).
4710
Telephone communications (except 4712).
4730
Radio communications.
4740
Television communications.
4750
Radio and television communications, combined.
4760
Recording and sound studios.
4800
Utilities (offices, lines and right of way only; except 4812, 4813, 4822, 4823, 4832, 4842, 4843, 4845, 4850, 4861, and 4874).
4920
Transportation services and arrangements (with no more than 5 employees in no more than 2,500 square feet; no loading dock; deliveries and shipping only by van or small truck during normal business hours; no odors; no outside storage).
5100
Wholesale trade (excepting 5110, 5120, 5150, 5162, 5169, 5170, 5181, 5182, 5185, 5191, 5192, 5193, 5199 - firearms and ammunition, charcoal, livestock and poultry feed, farm supplies, hay; with no more than 5 employees in no more than 5,000 square feet; no loading dock; deliveries and shipping only by van or small truck during normal business hours; no odors; no outside storage).
5198
Lumber and construction materials, wholesale and re-sale in buildings with footprints no greater than 30,000 square feet. No outdoor storage. Docks, delivery, and staging areas must be screened from public streets.
5310
Department stores.
5320
Mail order houses (no loading dock; deliveries and shipping only by van or small truck during normal business hours).
5330
Variety stores.
5350
Direct selling organizations (no loading dock; deliveries and shipping only by van or small truck during normal business hours; no outside storage).
5390
General merchandise.
5400
Food stores.
5600
Apparel and accessories.
5810
Eating places (except 5813; no drive-through sales).
5910
Drug and proprietary.
5920
Liquor, package (state store).
5930
Antiques and secondhand merchandise (except 5935, 5938 and 5939 - construction materials).
5940
Books, stationery, art, and hobby supplies.
5950
Sporting goods, bicycles, and toys.
5969
Garden supplies.
5970
Jewelry.
5990
Miscellaneous retail trade.
6100
Finance, insurance, and real estate services (except 6112, 6123, 6124, 6141 - surety bail bonding only).
6213
Dry cleaning (in no more than 7,500 square feet; no outside storage).
6216
Self-service laundries.
6218
Rug cleaning and repair (in no more than 7,500 square feet; no outside storage).
6220
Photographic services.
6230
Beauty and barber services.
6241
Funeral home.
6250
Apparel repair, alteration, and cleaning, shoe repair services (except 6256).
6290
Personal services (except 6293, 6294).
6310
Advertising services (office only; no outside storage; no billboards).
6320
Consumer credit reporting services.
6330
Duplicating, mailing, stenographic, and office services.
6340
Dwelling and building services (office only, except 6342, 6345).
6350
News syndicate services (office only).
6360
Employment services.
6390
Business services (office only, except 6394 and 6397).
6420
Electrical appliance repair and service (except 6421 and 6426; in no more than 5,000 square feet; no outside storage).
6493
Watch, clock, jewelry repair, engraving.
6496
Locksmiths and key shops.
6498
Saw, knife, lawn mower and tool sharpening (in no more than 5,000 square feet; no outside storage).
6499
Miscellaneous small item repair (in no more than 5,000 square feet; no outside storage).
6500
Professional services (office only, except 6513 and 6516).
6516
Skilled nursing, convalescent, and rest home facilities. (Does not include asylums.)
6516.1
Assisted living facilities.
6700
Governmental services (except 6714, 6740, 6750, and 6770).
6800
Educational services.
6900
Miscellaneous service organizations.
7100
Cultural activities and nature exhibitions (except 7124).
7210
Entertainment assembly (except 7213).
7220
Sports assembly (except 7223 and 7224).
7230
Public assembly.
7391
Penny arcades and other coin operated amusements.
7395
Card rooms.
7396
Dance halls, ballrooms (includes dance clubs).
7397
Billiard and pool halls.
7399
Astrologers, bicycle rental, fortune tellers, tourist guides, phrenologist (office only).
7413
Tennis courts.
7414
Ice skating.
7417
Bowling alleys.
7420
Playgrounds and athletic areas.
7425
Athletic clubs, bodybuilding studios.
7432
Swimming pools and schools.
7451
Archery range (indoor only).
7492
Picnic areas.
7600
Parks (public and private).
8221
Veterinarian services (completely enclosed within a building; no overnight boarding).
8224
Pet grooming (completely enclosed within a building; no overnight boarding).
 
     C.    A development parcel may have more than one (1) main building.
   D.    Parking structures and other accessory structures and buildings which are used in conjunction with and are incidental to the principal uses and structures, are permitted. Accessory buildings and structures may not, in aggregate, have a footprint greater than twenty five percent (25%) of the footprint of the main buildings on a development parcel.
   E.    More than one permitted use may be located on a development parcel and within a building.
   F.   The uses and structures contained in Table B, below, are permitted in the TOD Zone only after a conditional use permit has been approved by the Planning Commission and subject to the terms and conditions thereof:
 
 
Table B:  Conditional Uses
No.
Land Use Classification
1515
Transient apartments rented by day or week.
2000
Manufacturing industries (handwork trades only with no more than 5 employees in no more than 2,500 square feet; no loading dock; deliveries and shipping only by van or small truck during normal business hours; no odors; no outside storage).
3220
Glass and glassware (pressed or blown; handwork trades only with no more than 5 employees in no more than 2,500 square feet; no loading dock; deliveries and shipping only by van or small truck during normal business hours; no odors; no outside storage).
3250
Pottery and related products (excepting 3251 and 3255; handwork trades only with no more than 5 employees in no more than 2,500 square feet; no loading dock; deliveries and shipping only by van or small truck during normal business hours; no odors; no outside storage).
3500
Professional, scientific, and controlling instruments; photographic and optical goods; watches and clocks (handwork trades only with no more than 5 employees in no more than 2,500 square feet; no loading dock; deliveries and shipping only by van or small truck during normal business hours; no odors; no outside storage).
3900
Miscellaneous manufacturing (handwork trades only with no more than 5 employees in no more than 2,500 square feet; no loading dock; deliveries and shipping only by van or small truck during normal business hours; no odors; no outside storage).
5100
Wholesale trade (excepting 5110, 5120, 5150, 5162, 5169, 5170, 5181, 5182, 5185, 5191, 5192, 5193, 5198, 5199 – firearms and ammunition, charcoal, livestock and poultry feed, farm supplies, hay; with no more than 5 employees in no more than 5,000 square feet; no loading dock; deliveries and shipping only by van or small truck during normal business hours; no odors; no outside storage).
5820
Drinking places – alcoholic beverages.
6112
Check cashing.
6516
Sanatoriums, convalescent, and rest home services. (Lodging and meals offered with full time medical staff. Does not include asylums.)
8121
Indoor farming. Includes crops grown wholly indoors for commercial distribution to other locations and/or retail sale on site.
 
17.168.060: AREA, WIDTH, FRONTAGE AND YARD REGULATIONS:
 
   A.    All main buildings shall front on either a public or private street including private pedestrian only streets, paths, or courts. Buildings that front on a courtyard that fronts on a street shall be deemed to front on the street.
   B.    For development in the TOD east of Utah transit authority light rail lines, the front setback for main buildings, excepting courtyards and plazas, shall be between fifteen feet (15’) and twenty five feet (25’) from the back of curb and gutter. Up to fifty percent (50%) of the front setback may be greater than twenty five feet (25’) if the additional front setback is developed as a courtyard or plaza. Main buildings may have detached components within a courtyard or plaza if the uses in the detached component enhance activity on the courtyard or plaza. In the case of pedestrian only streets, paths or courts, a minimum width of twenty five feet (25’) from building face to building face shall be required.
   C.    The courtyard or plaza area shall be deemed to be a part of the front setback of the building.
     D.    Buildings located on a corner lot shall front on both streets.
   E.    All front setback areas shall be landscaped in accordance with the TOD guidelines.
     F.    Parking is not permitted in the front setback area of any building.
   G.    Maintenance buildings, trash collection and recycling areas, storage and service areas, mechanical equipment and loading docks shall not be permitted in the front setback of any building. Single or ganged utility meters or other service equipment may be located in the front setback of any building; provided, there are site constraints which preclude their access in a location elsewhere on site, and they are screened and approved by the City.
   H.    Maintenance buildings, trash collection and recycling areas, storage and service areas, mechanical equipment and loading docks shall be set back a minimum of twenty five feet (25’) beyond the closest front setback.
   I.    The side lot area between non-adjoining buildings and the property line shall be developed as parking, plaza, landscaped open space, or a landscaped walkway with access to the sidewalk.
   J.    No parking lot or parking structure shall front principal streets except Main Street. A parking structure fronting on a non-principal street with office or retail uses along the entire frontage of the first floor, excluding drive lanes, shall have a front setback of between fifteen feet (15’) and twenty five feet (25’) from the back of curb and gutter. The parking structure front setback shall not be less than the setback of the main building.
   K.    Surface parking lots facing the street frontages other than principal streets shall have a minimum setback of fifteen feet (15') from the back of curb.
   L.    There shall be a minimum fifty foot (50’) setback from the top of the bank of the Little Cottonwood Creek. No buildings, parking facilities, or vehicular accesses may be placed in the required setback. The Planning Commission may approve pedestrian, bicycle, or multi-use paths and trails and other open space improvements or amenities within the setback if they are not disruptive. (Ord. 07-36 § 2)
 
17.168.070: HEIGHT REGULATIONS:
 
There are no height restrictions in the TOD except as provided herein. (Ord. 07-36 § 2)
 
17.168.080: GROUND FLOOR REQUIREMENTS:
 
   A.    Main buildings, situated east of the UTA TRAX light rail lines or fronting principal streets, shall have ground floors with a minimum ceiling height of twelve feet (12') measured from floor deck to floor deck. For purposes of this section, main buildings shall not include townhouses.
   B.    Multi-story buildings designed for nonresidential uses on the ground floor shall have walls, partitions and floor/ceiling assemblies separating dwelling units from other spaces with a sound transmission classification (STC) of at least fifty (50) for airborne noise.
   C.    Commercial uses shall occupy the width of the ground floor of multi-story residential buildings facing a principal street as defined in Section 17.168.040 for a minimum depth of forty feet (40’). The balance of the ground floor may be occupied by residential uses or parking.   
1.    Commercial uses as required do not include portions of the    development used for parking, storage, maintenance, or other    accessory uses provided for the residential component of the    development.
2.   Leasing offices and lobbies allowing access to the upper residential    floors may occupy no more than fifteen percent (15%) of the ground    floor or up to 1,800 square feet, whichever is less.
3.    Live/work Units fill the requirement for ground floor commercial    uses subject to the following considerations.
a.     Excluding private, attached garage space, the entire ground    floor of the live/work unit must be designed, constructed, and    used as commercial space.
b.    Commercial spaces within the live/work unit that are used to    satisfy the minimum commercial square footage or frontage    requirements of this chapter may not be used for residential    parking or storage.
c.    The live/work unit’s first story height must be a minimum of    twelve feet (12’).
d.    Parking provided for the live/work units must meet both the    residential and commercial parking requirements of this    chapter.
e.    For developments on a parcel or combination of parcels    greater than two (2) acres, live/work units may comprise no    more than 10% of the required commercial space.
   D.    West of Main Street, the portion of the ground floor of any building devoted to the sale of retail goods shall not exceed fifty thousand (50,000) square feet. (Ord. 15-07)
 
17.168.090: PARKING REGULATIONS:
 
   A.   For parking for buildings that exceed four (4) stories in height, at least seventy five percent (75%) of the parking shall be located within the exterior walls of the building or in a parking structure that is within seven hundred fifty feet (750’) of the main building. For the purposes of this chapter, building height is determined by measuring the vertical distance from the average of the finished ground level adjoining the building at the exterior wall to a flat roof deck or, for sloped roofs, to the average height of the highest roof surface. Pursuant to section 17.76.080 of this title, the height limitations shall not apply to architectural screening for mechanical equipment, church spires, and decorative tower elements.
   B.    Minimum Parking Requirements.  Minimum parking requirements for new development and redevelopment in the TOD Zone are contained in Table C, below.
 
 
Table C:  Parking Requirements
Land Use
Parking Spaces Required
Residential, Studio
1 space per unit
Residential, 1-bedroom
1.05 spaces per unit
Residential, 2-bedroom
1.5 spaces per unit
Residential, 3-bedroom +
2.5 spaces per unit
Office, General
1 space per 350 ft2 net usable floor area
Medical/Dental Offices & Clinics
1 space per 300 ft2 net usable floor area
Retail/Commercial
1 space per 300 ft2 net usable floor area
Restaurants / Eating & Drinking Establishments
1 space per 300 ft2 net usable floor area
Uses not listed
As determined by the Planning Commission based on comparable standards
Disabled / ADA Accessible
See Section 17.72.040 of this title.  Other requirements per the Americans with Disabilities Act
Parking in excess of 125% of minimum requirements
Allowed as approved by the Planning Commission if provided within structures or the building envelope
 
   C.    Parking structures and decks should provide the majority of parking in the MCCD Zone.
1.    Direct Access Required. Parking decks and structures must provide    direct, interior, or weather protected access to the buildings, uses,    and projects that they serve. 
2.    Exception. The Planning Commission may approve parking    intended to fill commercial requirements in structures located up to    three hundred feet (300') from the commercial location if it can be    shown to be necessary. 
3.    Wayfinding signage and marked pedestrian pathways through    structures and sites    must be provided in all structured and surface    parking.
   D.    On street parking adjacent to the development parcel shall not count toward the minimum parking required by this chapter.
   E.    Off street parking is not permitted in any fire lane, aisle space or front yard setback areas. (Ord. 14-12: Ord. 10-07 § 2: Ord. 08-02 § 2: Ord. 07-36 § 2)
 
17.168.100:  LOADING AND SERVICE AREAS: 
 
Trash collection and recycling areas, service and storage areas, mechanical equipment and loading docks shall be screened on all sides so that no portion of such areas are visible from the adjacent public streets or alleys and adjacent properties. Screening shall have a minimum height of eight feet (8’) and may include accessory buildings, shrubbery and plantings, decorative walls, solid fences, screen panels, doors, topographic changes, buildings, or any combination of the above. (Ord. 07-36 § 2)
 
17.168.110: BUILDINGS AND LOTS THAT STRADDLE THE TOD BOUNDARY:
 
If a building is partially within the TOD District and partially within another zoning district, the entire building shall conform to the requirements of the TOD District. The portion of any parcel within the TOD District shall conform to the requirements of the TOD District. (Ord. 07-36 § 2)
 
17.168.120: OPEN SPACE:
 
   A.    Twenty percent (20%) of the area of each parcel shall be developed as landscaped setbacks, courtyards, plazas, open space, or walkways.
   B.    Each parcel shall have a system of pedestrian walkways and sidewalks that provide connections between the building entrances, neighboring building entrances, sidewalks, parking areas, open space, and public trails. (Ord. 07-36 § 2)
 
17.168.130: ACCESS IMPROVEMENTS:
 
   A.    Construction of new buildings or renovations of existing buildings shall include construction and installation of the adjacent sidewalks, park strips and other landscaping, curbs, gutters, lighting, and street furniture in conformance with the TOD Design Guidelines adopted pursuant to this chapter.
   B.    Private streets shall be installed within any project in which the main buildings do not front on a public street.
   C.    The improvements within the rights-of-way for the principal streets shall include:
1.    Paved sidewalks adjacent to the private property line shall be    installed according to City specifications established by the City    Engineer and in conformance with the TOD Design Guidelines    adopted pursuant to this chapter.
2.    Park strip between the sidewalk and the curb installed in    conformance with the TOD Design Guidelines adopted pursuant to    this chapter and which shall contain appropriate tree plantings and    landscaping in accordance with the TOD Guidelines.
            3.    Pedestrian lighting.
            4.    Benches.
          5.    Trash receptacles.
D.    The improvements within the public rights-of-way and adjacent to non-principal streets and private streets shall include:
1.    Paved sidewalks installed in conformance with the TOD Design    Guidelines adopted    pursuant to this chapter.
2.    Park strip between the sidewalk and the curb installed in    conformance with the TOD Design Guidelines adopted pursuant to    this chapter and which shall contain appropriate tree plantings and    landscaping in accordance with the TOD Guidelines.
            3.    Pedestrian lighting.
            4.    Benches within passenger loading areas.
5.    Trash receptacles within fifteen feet (15') of entry and exit doors of    any retail establishment. (Ord. 07-36 § 2)
 
17.168.140: LIGHTING STANDARDS:
 
     A.    Street and sidewalk lighting shall meet adopted City light design standards.
     B.    Illumination levels shall not exceed IESNA recommended standards.
C.    Lighting shall be provided for pedestrian ways that is appropriately scaled to walking. Light standards shall not be taller than sixteen feet (16'). However, light standards adjacent to State Street or 4500 South (major arterial roadways), as well as Vine Street and 4800 South (major collector roadways) are allowed up to twenty three feet (23') in height. Light standard height will be reviewed on a case by case basis by City staff.
     D.    Lighting shall be shielded and directed downward to prevent any off site glare.
E.    All site lighting luminaires will conform to IESNA "cutoff" or "sharp cutoff" classification. City staff will provide additional details as needed.
F.   An amber lamp color (3,000 Kelvin), or other color in consultation with the Power Department can be used for a project.
G.    For property owner installed private lighting, metal halide and induction lamp sources may be used subject to approval by the City Power Department and CED staff. Building facade lighting must be shielded and directed downward to avoid light trespass and illumination of the night sky. (Ord. 18-22)
 
17.168.150: OBTAINING BUILDING PERMIT:
 
A.    No person shall obtain a building permit for new construction or for renovation of existing buildings that exceed twenty five percent (25%) of the assessed value of the buildings without first preparing and presenting the information required by this section, paying the applicable design review fee, and receiving design approval from the Community Development Division.
B.   The City shall review the plans for conformance with the requirements of this Code and the TOD Design Guidelines that have been adopted by the Murray City Municipal Council. The City shall determine the following before approval is given:
1.   The project is in general conformance with the Murray City general    plan.
2.   The project is in general conformance with the specific area plan, if    any, adopted for the area.
3.   The project conforms with the requirements of the applicable    sections of the zoning ordinance.
4.    The project does not jeopardize the health, safety, or welfare of the    public.
5.   The project conforms to the applicable standards outlined in the    TOD Design Review Guidelines.
C.   If the City denies approval of the submitted plans, the denial shall be accompanied by a letter indicating the areas where the plans must be changed to obtain approval.
     D.   A denial of approval by the City may be appealed to the Appeal Authority.
E.   Applicants for design review and approval shall submit any or all of the following information, as requested by the City:
1.   Project identification information including the project name, the    specific location of the project including street addresses and parcel    Sidwell numbers, applicant name and representatives (if any other    than applicant); and proposed uses.
2.   Vicinity map or aerial photo with site plan overlay, to scale, showing    the project location in relationship to neighboring buildings and the    surrounding area.
            3.   Grading plan.
4.   Site plan, to scale, showing proposed parking, loading and service    areas, and vehicular and pedestrian circulation.
5.   Detailed elevations of all sides of the proposed building and other    exterior elements, including exterior building materials.
            6.   Sign plan.
            7.   Landscape plan.
            8.   Exterior lighting plan.
            9.   Floor plans.
            10.    Utilities plan.
            11.    Drainage plan.
            12.    Other design information requested by the City.
F.    Three (3) copies of each plan must be submitted to the City. The City shall retain one copy of the plans. One copy of the plans shall be returned to the applicant stamped to show the approval or the denial of approval. In addition to the improvements to be built on the applicant's property, submitted plans must include improvements to be built in the public rights-of-way.
G.    If the construction of building improvements has not commenced within eighteen (18) months of the design approval or if construction has ceased for a period of one year or longer, the design approval shall expire. Applicants may request an extension of up to six (6) calendar months during the final month prior to expiration. After the expiration of a design approval, the applicant shall be required to resubmit the plans, pay the design review approval fee, and obtain design approval prior to the issuance of a building permit. (Ord. 18-22)
 
 
CHAPTER 17.170:  MURRAY CITY CENTER DISTRICT, MCCD:
 
17.170.010:  PURPOSE:
 
A.   The Murray City Center District (MCCD) is envisioned as the commercial, civic, and cultural center for the community and is intended to enhance physical, social, and economic connections by redeveloping "downtown" Murray City resulting in a richer, more vibrant cultural environment. The 2017 Murray City General Plan suggests that the City center should include development which is pedestrian oriented with a strong emphasis on the urban design and streetscape.
B. The regulations and design guidelines of the MCCD are intended to promote mixed-use development, encourage pedestrian oriented design, promote    development opportunities, and increase residential and commercial densities. The anticipated development model promotes sustainable, compact, mixed-use, transit-oriented uses with neighborhood oriented commercial, restaurant, civic, cultural, and residential spaces to promote street life and activity. (Ord. 19-40)
 
17.170.020:  DESIGN GUIDELINES: 
 
The Murray City Council has adopted the Murray City Center District (MCCD) Design Guidelines. The guidelines shall be consulted during the review of proposed development in order to provide guidance, direction, and options which will further the stated purposes of the MCCD. Wherever practicable, development should adhere to the objectives and principles contained in the design guidelines. (Ord. 19-40)
 
17.170.030:  DEFINITIONS:
 
ADMINISTRATIVE STAFF or STAFF: Representatives from the Community and Economic Development Department.
DESIGN GUIDELINES: The principles of appropriate development activity that promote the purposes and standards of this title.
MCCD REVIEW COMMITTEE or COMMITTEE: The committee established under chapter 2.68 of this code. The committee acts in an advisory capacity to the Planning Commission and City Council and serves to facilitate the design review approval process.
REVIEW PROCESS: The process by which applications for development within the MCCD zone are reviewed for conformance with the applicable standards of this section. The process can include pre-application conferences and review by Community and Economic Development Department staff, review by the MCCD Review Committee as well as referral to and review by the Planning Commission.
HORIZONTAL MIXED-USE: A mixed-use project in which all or some of the commercial and residential components are provided in separate buildings on the same parcel or on contiguous parcels included together in a master site plan.
MAJOR ALTERATION: A physical modification to a building that involves the entire building or has a substantial visual impact on the building or the surroundings. By way of illustration, major alteration includes, without limitation, overall building design, exterior facades, site landscape and parking.
MINOR ALTERATION: A physical modification that is limited in scope or has a minor visual impact in relation to the total building. By way of illustration, minor alteration includes, without limitation, lighting and other appurtenant fixtures, signs, and awnings.
ORDINARY MAINTENANCE AND REPAIR: Work to repair or prevent deterioration of a building that does not constitute a minor or major alteration. Examples of ordinary maintenance and repair include repairing deteriorated masonry, replacing broken windows or damage caused by weather or natural disaster, repainting a building in the same color as existing, replacing doors, and the like. Maintenance and repair do not include major changes in color or building materials.
PLANNING COMMISSION or COMMISSION: The City's Planning Commission.
PRIVATE STREET: Means a right-of-way of easement in private ownership not dedicated or accepted as a public street, which affords the principal means of access to two (2) or more sites.
PUBLIC STREET: Means a thoroughfare which has been dedicated to the public and accepted by proper public authority, or a thoroughfare which has been adjudicated to be a public street by public use as provided by law.
VERTICAL MIXED-USE: A mixed-use project in which the commercial components are provided within the same buildings with the residential components.
SUSTAINABLE DESIGN: Includes methods and materials that conserve natural resources, promote adaptive reuse of materials, buildings, and sites, and promote the health and welfare of residents and property owners. (Ord. 19-40)
 
17.170.040: PROCESS:
 
A.   Design Review: The purpose and intent of the design review process within    the MCCD is to secure the purposes of this chapter and the General Plan, and to ensure that the general appearance of buildings, signs, and the development of    the lands does not detract from the purpose and intent of this chapter.
B.   Design Review Approval Required: No exterior portion of any buildings or improvements on any properties shall be erected, altered, restored, or moved within the MCCD until after an application for a design review approval has been submitted, reviewed, and approved. Application for design review approval shall be made on forms furnished by the City's Community and Economic Development Department. The Director or designee shall determine if the application is a major or minor alteration. The determination of the Director or designee may be appealed to the appeal authority.
1.   Minor Alterations: Administrative staff shall review and approve          applications for minor alterations, signs, awnings, and lighting.          Minor alterations denied by the administrative staff may be             appealed to the appeal authority. A design review application, when       determined to involve signs, awnings, lighting, or minor alterations          may be reviewed and approved by administrative staff. A design          review application for minor alterations must be approved or denied       within thirty (30) days from receipt of a complete application.
2.   Major Alterations and New Construction: The design review             process for major alterations and all new construction consists of          the following:
a.   Pre-Application Conference: Application materials will be          submitted to the Community and Economic Development          Department and a time will be scheduled for a general          concept review of the application. The applicant will receive          input from staff on the process, design standards and other          applicable elements prior to submittal of a final application.
b.   Design Review: After a complete application for formal          review is submitted:
i.   Meetings will be scheduled for staff review to gain          City department input on the plans and review the          proposal in relation to this chapter and design             guidelines.
ii.    The proposal shall go before the MCCD Review          Committee for its review and recommendation in          relation to this chapter and the design review             guidelines.
iii.    The application will then be forwarded to the Planning       Commission for final action. The application shall be          made on a form available from the Community and          Economic Development Department and shall include       minimum application submittal requirements as          determined by the Community and Economic             Development Department.
c.    Design Review Approval: Design review approval must be       issued by the Planning Commission prior to the issuance of    a building permit or other permit granted for purposes of    major alterations including constructing, altering, and moving    structures and buildings. Design review approval is required    whether or not a building permit is required. The Planning    Commission shall review the plans for conformance with the    requirements of this title and the MCCD Design Guidelines.    The City shall determine the following before approval is    given:
i.    The project is in general conformance with the current       Murray City General Plan.
ii.    The project is in general conformance with the             specific area plan, if any, adopted for the area.
iii.    The project conforms to the requirements of the          applicable sections of the land use ordinance.
iv.   The project does not jeopardize the health, safety, or          welfare of the public.   
v.    The project is in harmony with the purpose of the          MCCD Zone and adheres to the principles of the          MCCD Design Guidelines.
d.   Obtaining a Building Permit: No person shall obtain a    building permit for new construction or for renovation of    existing buildings without first preparing and presenting the    information required by this section, paying the applicable    design review fees, and receiving design approval from the       Community and Economic Development Department. Any    building permits or such other permits not issued in    conformity with this chapter shall be invalid.
e.   Public Utility Companies: The State of Utah, the City, Salt    Lake County, and all public utility companies shall be    required to obtain design review approval prior to initiating    any changes in the character of street paving, sidewalks,    utility installations, lighting, walls, fences, structures, and    buildings.
f.    Design Elements Subject to Review:
i.   Overall building design including design character,          alignment and setback, size, height, proportion, and          scale of the building.
ii.   Exterior facades including exterior walls and building          materials, roof and parapet, storefronts including          windows and doors, bulkheads, cornices, ornamental          detail, color, and back entrances.
iii.   Site landscape including pavement, steps, lighting,          trees, and ground cover.
                    iv.   Parking.
                    v.    Lighting and other appurtenant fixtures.
            vi.    Signs and awnings.
                    vii.    Public improvements.
                    viii.    Site amenities.
               g.   Exceptions: Even if all design guidelines are not met, design                review approval may be granted if the Planning Commission                finds that compliance with the design guidelines or certain                design guidelines would:
               1)   deprive owner of all viable                               economic use of the owner's property, or
               2)    result in substantial diminution in value of                      owner's property.
             h.   Compliance: Design review approvals shall be issued for a                period of eighteen (18) months. All work performed pursuant                to a design review approval shall conform to the                   requirements of the    approval. If the construction of building                improvements has not commenced within eighteen (18)                months of the design approval or if construction has ceased                for a period of one (1) year or longer, the approval and any                associated building permits shall expire.   Applicants may                request two (2) extensions of six (6) calendar months during                the final month prior to expiration. Requests for   extension                must be made in writing to the Community and Economic                Development Department. (Ord. 19-40)
 
17.170.050: PROCEDURES:
 
A.   Applications: The Community and Economic Development Department shall receive applications for design review approval as required under Section 17.170.040 of this chapter. Applications for new construction or major alteration    must be reviewed by the MCCD Review Committee, which must forward a recommendation to the Commission. Members of the Planning Commission or MCCD Review Committee may enter, solely in performance of their official duties and only at reasonable times, upon private lands for examination or survey thereof. However, no member, employee, or agent of the Commission or Committee may enter any private building without express consent of the owner or occupant thereof.
B.   Public Meeting: Prior to action on an application for design review approval, the Commission shall hold a public meeting. The Commission shall take such action as may reasonably be required to inform the owners of any property likely    to be materially affected by the application and shall give the applicant and such owners an opportunity to be heard. A written notice of the proposal shall be sent at least ten (10) days prior to the hearing to the applicant and to owners of property (lots, parcels, or tracts of land) within three hundred feet (300') of the property that is the subject of an application for design review approval.
C.   Final Action: The Commission's final action on an application for design review approval for major alterations and new construction shall be by the passage of a motion to take one (1) of the following actions:
        1.   Grant the design review approval as proposed.
        2.   Grant the design review approval subject to specific conditions             and/or modifications of the proposal presented in the application.
        3.   Deny the design review approval as proposed or modified.
   D.   Appeal:
        1.   Minor Alterations: Minor alterations denied by the administrative             staff may be appealed to the Planning Commission by filing                written notice of the appeal with the Community and Economic             Development Department within thirty (30) calendar days from             issuance of the written decision by the administrative staff.
        2.   Major Alterations and New Construction: Planning Commission             decisions on applications for design review approval may be                appealed to the Hearing Officer by an aggrieved party. Written             notice of the appeal must be filed with the Community and                Economic Development Department within thirty (30) calendar days          from the date of the Commission's decision. The appeal shall be a             review of the record to determine whether the decision was so             unreasonable as to be arbitrary and capricious. (Ord. 19-40)
 
17.170.060:  HISTORIC PRESERVATION: 
 
The preservation, restoration, re-use and/or incorporation of historically significant buildings into new development within the MCCD zone is encouraged wherever possible. Applications for design review approval that include the alteration, renovation, or demolition in whole or in part of any of the historically significant buildings identified herein shall be subject to special considerations outlined in this section.
A.   Designation of Historically Significant Buildings: A list of designated historically significant buildings located within the MCCD zone shall be maintained by the Community and Economic Development Department. Buildings designated as historically significant are subject to the special considerations of this section. A property owner may remove their property from the list of designated historically significant buildings by submitting a written request to the Community and    Economic Development Department or the office of the Mayor. The City shall update the list and respond in writing to the property owner demonstrating the removal within thirty (30) days of the receipt of the written request. The Mayor shall notify the City Council of the removal of a property from the list of historically significant buildings within thirty (30) days of the removal.
B.   Relocation: Relocation of an existing significant historic building is allowed if approved by the Planning Commission after following the design review approval process, if it can be demonstrated that the historical character of the building can    be preserved. Application and permit fees for projects involving the relocation of historically significant buildings will be waived. Fees to be waived include fees for design review approval, conditional use permits, building permits, sign permits, land disturbance permits, and excavation permits.
C.   Renovation: Any renovation of all or part of a historically significant building will be considered a major alteration. Application and permit fees for projects involving the renovation of historically significant buildings will be waived. Fees to be waived include fees for design review approval, conditional use permits, building permits, sign permits, land disturbance permits, and excavation permits.
D.   Alteration and/or Demolition: Alteration or demolition of designated historically significant buildings is considered a major alteration and requires design review approval. Design review approval for projects involving the demolition of designated historically significant buildings is subject to the following requirements:
        1.   Adherence: The Planning Commission must find that the proposed             development requiring demolition of the historically significant             building demonstrates adherence to the goals and objectives of the             Murray City General Plan and the MCCD Zone.
   2.   Monument: If demolition is granted, the applicant must propose and       install a monument with a narrative inscription describing the          historical significance of the building, or a public arts project             commemorating the same. he monument or commemoration          should be incorporated into the project at or near the original          location of the historically significant building and will be installed at          the applicant's expense. The location, design, and content of the          narrative inscription of the monument must be reviewed by the          Murray City History Advisory Board for recommendation to the          Planning Commission as a component of the design review             application.
     3.   Memorandum of Understanding: A memorandum of understanding          must be executed between the City and applicant regarding the          project. The memorandum of understanding must be approved by          the City Council prior to the issuance of demolition permits. The          memorandum of understanding must establish the following:
 
   That there is immediacy of the project and thus for    demolition. A development time-line must be submitted    demonstrating a twenty four (24) month project completion    period for that portion of the project where a historically    significant building is to be demolished.
   That demolition of the historically significant building shall    not occur until a building permit has been issued for the    proposed development or phase of the development that    requires the demolition.
   That the History Advisory Board has approved a monument    and inscription as required by this section. The    memorandum will establish the receipt of a bond from the    applicant with the City to provide for the installation of the    monument and inscription.
   E.    Land Use, Interior Arrangement, Maintenance, Emergency Repairs Not Considered:
     1.    Nothing herein shall be construed to prevent a property owner from          making any use of his or her property not prohibited by other          statutes, ordinances, or regulations.
2.   The ordinary maintenance or repair of any exterior architectural          feature of a building in areas which do not involve replacing the          feature or a change in design, material, color, or outer appearance          thereof, shall not be prevented by the requirements of this chapter.
3.   Nothing in this chapter shall be construed to prevent:
               a.   The maintenance; or
b.    In the event of an emergency, the immediate restoration of          any existing aboveground utility structure without approval          by the Commission.
4.   The construction, reconstruction, alteration, restoration, moving or          demolition of any exterior architectural features, which the City          building inspector or similar official shall certify is required for public       safety because of an unsafe or dangerous condition, shall not be          prevented by the requirements of this chapter. (Ord. 19-40)
 
17.170.070:  PERMITTED, CONDITIONAL, AND PROHIBITED USES:
 
A.   The inclusion of a major heading includes all subcategories listed under the major heading unless otherwise excepted. (For example, listing 6900 miscellaneous service organizations includes all categories and subcategories listed from 6910 through 6999.) Any use not specifically listed shall be prohibited.
B.   Uses permitted in the Murray City Center District (MCCD) are contained in Table A, below:
 
 
Table A:  Permitted Uses
No.
Land Use Classification
1120
Two-family dwelling in conjunction with mixed-use developments
1130
Multiple-family dwelling in conjunction with mixed-use developments
1150
Apartment high rise (subject to requirements for ground floor commercial uses, see section 17.170.100).
1511
Hotels.
2180
Beverages (only in conjunction with a restaurant, 5,000 square feet or smaller).
2300
Manufacture; apparel (handwork trades only in no more than 5,000 square feet; deliveries and shipping only during normal business hours; no odors).
2510
Household furniture (handwork trades only in no more than 5,000 square feet; deliveries and shipping only during normal business hours; no odors; no outside storage).
2740
Commercial printing (handwork trades only in no more than 5,000 square feet; deliveries and shipping only during normal business hours; no odors).
2760
Greeting cards (handwork trades only in no more than 5,000 square feet; deliveries and shipping only during normal business hours; no odors).
3259
Pottery (handwork trades only in no more than 5,000 square feet; deliveries and shipping only during normal business hours; no odors).
3911
Jewelry (handwork trades only in no more than 5,000 square feet; deliveries and shipping only during normal business hours; no odors).
3920
Musical instruments and parts (handwork trades only in no more than 5,000 square feet; deliveries and shipping only during normal business hours; no odors).
3950
Costume jewelry (handwork trades only in no more than 5,000 square feet; deliveries and shipping only during normal business hours; no odors).
4602
Commercial parking lots and garages on a fee basis (except surface parking lots not associated with a permitted use).
5230
Paint, Glass, and Wallpaper
5250
Hardware and Supplies
5300
General Merchandise
5400
Food stores.
5600
Apparel and accessories.
5700
Furniture, Home Furnishings, and Equipment
5800
Eating and drinking places (except 5813; CUP required for drive-through sales).
5900
Miscellaneous retail trade (except 5935, 5938, 5939, 5980).
6100
Finance, insurance, and real estate services (except 6112, 6123, 6124, 6141 - surety bail bonding only).
6213
Dry cleaning (in no more than 7,500 square feet).
6216
Self-service laundries.
6220
Photographic services.
6230
Beauty and barber services.
6250
Apparel repair, alteration, and cleaning, shoe repair services (except 6256).
6290
Personal services (except 6293, 6294).
6300
Business services, office only (except 6320, 6342, 6345, 6370, 6380, 6393, 6394, 6397).
6493
Watch, clock, jewelry repair, engraving.
6494
Reupholstery and furniture repair (includes antiques, etc.).
6496
Locksmiths and key shops.
6499
Miscellaneous small item repair (maximum 5,000 square feet).
6500
Professional services (office only, except 6513 and 6516, 6518, 6518.1, 6550).
6600
General construction services (office only, no material storage or equipment service yards).
6700
Governmental services (except 6714, 6740, 6750, and 6770).
6800
Educational services.
6900
Miscellaneous service organizations.
7100
Cultural activities and nature exhibitions.
7200
Public assembly.
7300
Amusements.
7410
Bowling alleys.
7420
Playgrounds and athletic areas.
7430
Swimming areas.
7451
Archery range (indoor only).
7492
Picnic areas.
7600
Parks (public and private).
7900
Other cultural, entertainment, recreational activities.
8221
Veterinarian services (completely enclosed within a building; no overnight boarding).
8224
Pet grooming (completely enclosed within a building; no overnight boarding).
 
   C.   A development parcel may have more than one (1) main building.
   D.   Parking structures and other accessory structures and buildings which are used in conjunction with and are incidental to the principal uses and structures, are permitted.  Accessory buildings and structures may not, in aggregate, have a footprint greater than twenty-five percent (25%) of the footprint of the main buildings on a development parcel.
E.    More than one (1) permitted use may be located on a development parcel and within a building.
F.   The uses and structures contained in Table B, below, are allowed in the MCCD only after a conditional use permit has been approved by the Planning Commission and subject to the terms and conditions thereof:
 
 
Table B:  Conditional Uses
No.
Land Use Classification
3250
Pottery and related products (except 3251 and 3255; handwork trades only; no loading dock; deliveries and shipping only by van or small truck during normal business hours; no odors).
3500
Professional, scientific, and controlling instruments; photographic and optical goods; watches and clocks (handwork trades only; no loading dock; deliveries and shipping only by van or small truck during normal business hours; no odors).
5813
Drive-through restaurant. Parking and maneuvering areas must be located to the rear of building; drive-through windows and lanes may not be located between the street and building front.
6111
Banking services, including drive-through services. Service windows, related maneuvering lanes, and any associated structures must be located to the rear or side of the building; drive-through windows and lanes may not be located between the street and building front unless allowed by an approved Master Site Plan.
6513
Hospitals.
6516.1
Assisted living facilities.
 
   G.   The following uses are prohibited in the MCCD Zone:
 
 
Table C:  Prohibited Uses
No.
Land Use Classification
5510
Motor vehicle sales.
5530
Service stations.
5590
Automotive, marine crafts, aircraft, and accessories.
5960
Farm and garden supplies.
6379
Self-storage units.
6394
Equipment rental and leasing services.
6397
Automobile, truck, and trailer services.
6410
Automobile repair and related services.
7213
Drive-in movies (outdoor theater).
7394
Go-cart tracks.
7398
Auto racing, miniature.
   H.    No outside storage will be allowed for any of the uses in the MCCD. (Ord. 19-40)
 
17.170.080:  SUSTAINABILITY STANDARDS:
 
The City has adopted the goal of pursuing and achieving sustainable development practices in the MCCD. No sustainable development certifications are required under this section; however, the City encourages sustainable development through green building rating or certification systems such as LEED, the State of Utah Division of Facilities and Construction Management High-Performance Building Standards, or the equivalent. The City may provide incentives for developers who achieve third-party sustainable development certification for buildings.
A.   Any incentives provided will be based on post-performance outcomes, negotiated specifically for each development project, and specified through a development agreement which shall be approved by the City Council and/or the Redevelopment Agency of Murray City.
   1.    Sustainability focus areas include water conservation, stormwater          management, energy efficiency and support of transit and active          transportation.
   2.   Sustainable development principles and goals are further defined in       the MCCD design guidelines and are recommended as standards          for the development of the area.
   B.   The City recognizes that, regardless of third-party certification level, there are standards that are in the best interest of the health, safety, and general welfare of the residents of Murray. Standards to promote efficient and sustainable development have been included in the parking, landscaping, and building and site design standards of the MCCD and are required whether or not an individual development attains a third-party sustainable development certification. In addition, all new public buildings and uses shall, as practicable, be designed and built to comply with the High-Performance Building Standards developed by the Utah Division of Facilities Construction and Management. (Ord. 19-40)
 
17.170.090:  AREA, WIDTH, FRONTAGE AND YARD REGULATIONS:
 
The main entry to a building should provide a strong connection to the street, one which is expressive, welcoming, and easily located. The following standards for setbacks or facades and entries are intended to contribute to the vibrant, connected, active, pedestrian oriented streetscape that is envisioned for the district:
   A.   Proposed development must be designed such that building facades occupy a minimum of fifty percent (50%) of the total linear feet of property frontage on public and streets with setbacks between twelve feet (12') and eighteen feet (18') from the back of curb and gutter; or
   B.   If greater setbacks are proposed to accommodate site features such as outdoor dining or gathering spaces:
   1.   All street facing building facades are to be designed so that eighty          percent (80%) of the total linear feet are within twenty five feet (25')          from the back face of curb and gutter.
   2.   Municipal, public or quasi-public buildings may have a greater          setback as determined through the design review process. The          additional setback shall require the development of public plazas,          parks or open spaces and comply with the design standards within          this chapter. (Ord. 19-40)
 
17.170.100:  PUBLIC IMPROVEMENTS AND STREET CHARACTER:
 
   A.   Construction of new buildings or renovations of existing buildings where the cost of improvements or renovations to a property or site exceeds fifty percent (50%) of the assessed value of the buildings on the property shall include    construction and installation of the adjacent sidewalks, park strips and other landscaping, curbs, gutters, lighting, and street furniture as required in this chapter and as further described in the design guidelines.
   B.   Curbside Management Plans. New development and renovation projects shall include curbside management considerations with plans for the installation of public and private improvements. Curbside management planning must thoughtfully address:
   1.   The location of loading and unloading space for public             transportation, ride-sharing, and micro-transit. 
   2.    The location of consolidated, easily identifiable space for             commercial freight loading and unloading if needed, and the             accommodation of delivery for residential and commercial uses in          the development.
   C.   The improvements within the rights-of-way for public streets shall include, but not be limited to, the following standards:
     1.   The right-of-way widths within the Murray City Center District vary          from one hundred forty feet (140') to seventy feet (70') and respond       to the site conditions and traffic volume. There are five (5) primary          public streets that run through the Murray City center including          State Street, 5th Avenue, Box Elder Street, Hanauer Street, 4800          South, and Vine Street.
   2.   Within the right-of-way, the drive lanes vary from ten feet (10') to          twelve feet (12') with most streets having seven (7) to eight foot (8')          on street parallel parking areas. A minimum twelve foot (12')             pedestrian sidewalk is included within the right-of-way that includes          a seven (7') pedestrian zone along with a five foot (5') furnishing or          landscape strip between the sidewalk and edge of curb.
   D.   Benches and other street furniture shall be provided and spaced as approved by the City through the design review process.
   E.   All streets and sidewalks shall be available for general public use and access and not gated.
   F.   District standard street furniture shall be used for public sidewalks, seating areas, and trails to provide visual continuity. Courtyards, pedestrian ways,    plazas, and seating areas located on private property should also include furnishings that are compatible with the projects and surrounding areas in which    they are located.
 
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   G.   Block Length. To facilitate and promote human scale and pedestrian connectivity in development and redevelopment in the CMU Zone, block lengths    should not generally exceed 300’. In no case should a single building front,   regardless of block length, exceed three hundred feet (300’) with no physical break to allow either vehicular or pedestrian access through the building.  Block length may be broken under this section by:
   1.   Intersection with an alley or pedestrian path. Only pedestrian paths          with a minimum width of 15’ may be considered to limit block length       under this section.
   2.   Intersection with another interior access or public street.
      3.   The installation of midblock pedestrian crossings on interior access          or public streets.  Such crossings should be signalized where          possible.  Where signalized crossings are not possible the crossing          should be signed, striped, or delineated with different colors or          paving materials.
 
17.170.110: BUILDING DESIGN, SCALING AND DENSITY:
 
   A.   The primary entrance to buildings must be clearly identifiable and must be oriented to face a street, plaza, or pedestrian way. Other street facing entries must appear at least once every seventy five feet (75') on average. Alternate designs for public, quasi-public, and commercial buildings may be approved if the Planning Commission finds that there are demonstrated security concerns which cannot be reasonably mitigated without the elimination of multiple entries as required here.
   B.   The functional entry of new buildings must be oriented to face the public street, public square, park, or plaza, but not a parking lot.
   C.   The primary entrance to a building shall have a pedestrian scaled facade.
   D.    Building entries must be covered with canopies/awnings and/or recessed entries.
   E.   Building entries must meet all local, State, and Americans With Disabilities Act accessibility requirements.
   F.    For corner buildings, entries are required on both street facades.
   G.    All front setback areas, if proposed, shall either be landscaped or used as pedestrian ways, plazas, courtyards, or outdoor seating and dining areas.
   H.   Off-street parking is not permitted in the front setback area and/or between the street and building. Parking shall be located to the side or rear of the building. However, parking associated with municipal, public, or quasi-public buildings may be located between the street and the building provided that the parking serves multiple uses or planned multiple uses.
   I.   Maintenance buildings, trash collection and recycling areas, storage and service areas, mechanical equipment and loading docks shall not be permitted in the front setback of any building. Single or ganged utility meters or other service equipment may be located in the front setback of any building; provided, there are site constraints which preclude their access in a location elsewhere on site, and they are screened and approved by the City.
   J.    The side lot area between non-adjoining buildings and the property line shall be developed as parking, plaza, landscaped open space, or a landscaped walkway with access to the sidewalk.
   K.    Encroachments may project into the public right-of-way provided that the encroachments are between nine feet (9') and seventeen feet (17') above the sidewalk height, subject to City and Utah Department of Transportation approval where applicable. They must not obstruct or prevent the placement of street trees or other improvements within the public right-of-way.
   L.   Blank walls shall not occupy over fifty percent (50%) of a principal frontage. Non-residential buildings and structures shall not have a section of blank wall exceeding thirty (30) linear feet without being interrupted by a window or glass entry door. All development shall provide ground floor windows on the building facade and adjacent to a public or private street, including private pedestrian only streets, parks, paths, or courts. Darkly tinted windows and mirrored windows which block visibility are prohibited as ground floor windows. Alternate designs for public, quasi-public, and commercial buildings may be approved if the Planning Commission finds that there are demonstrated security concerns that cannot be reasonably mitigated with full compliance to this requirement.
   M.    Ground level unit entries shall have a finished floor less or equal to twenty four inches (24") above sidewalk grade.
   N.    Exceptions to these standards are allowed if buildings are located in designated open space area as identified in the design guidelines. Structures located or being relocated into these areas shall be allowed residential setback standards.
   O.   Principal Streets. Principal streets in the MCCD are identified as Vine Street, 4800 South, State Street, Box Elder Street, and Hanauer Street. 
   P.    Commercial uses shall occupy the width of the ground floor of multi-story residential buildings facing a principal street for a minimum depth of forty feet (40'). The balance of the ground floor may be occupied by residential uses or parking. Leasing offices and lobbies allowing access to the upper residential floors may occupy no more than fifteen percent (15%) of the ground floor or up to    1,800 square feet, whichever is less. Horizontal mixed-use projects shall provide a minimum commercial square footage component equal to an area calculated as one hundred percent (100%) of the project frontage on the principal street(s)    and forty feet (40') in depth. For projects which comprise multiple parcels, square footage shall be calculated based on total project frontage on the public street.
   Q.    Live/Work Units.  The inclusion of live/work units may be used to meet the requirement for commercial uses subject to the following considerations.
      1.    Excluding garage space, the entire ground floor of the live/work          unit must be designed and used as commercial space.
      2.    Commercial spaces within the live/work unit that are used to satisfy       the minimum commercial square footage or frontage requirements          of this chapter may not be used for residential parking or storage.
      3.   The live/work unit’s first story height must be a minimum of twelve          feet (12’).
      4.   Parking provided for live/work unit(s) must meet both the residential       and commercial requirements of this chapter.
      5.   For developments on a parcel or combination of parcels greater          than two (2) acres, live/work units may comprise no more than ten          percent (10%) of the required commercial space.
   R.    Master Site Plan. A Master Site Plan approved by the Planning Commission is required for horizontal mixed-use developments and mixed-use developments located on a parcel or combination of parcels three (3) acres or greater. In addition to the requirements of the MCCD Zone, the Planning Commission shall address the following when considering the Master Site Plan:
   1.   Building Orientation. Commercial and residential buildings in the          same    project should be oriented to face public and private streets          and accesses, and not parking lots. The orientation of commercial          buildings in mixed-use projects should consider the residential          components of the project and facilitate convenient access to them.
        2.   Central Feature. A prominent, centrally located feature such as a             park, plaza,    or other gathering place should be provided to unify             the residential and commercial uses of the project. This location             should include features and amenities to encourage public use and             activity, with convenient access from both residential and                commercial components of the development.
      3.    Outdoor Spaces. Buildings should be designed to form outdoor             spaces such as courtyards, plazas, and terraces that can integrate             the components of the development. Pedestrian walkways linking             the components of    the development with these outdoor spaces             and the public streets should be developed. The potential linkages             to existing and future adjacent developments should be considered.
        4.   Master Site Plan Agreement. Mixed-use developments that require             a Master Site Plan shall be approved in conjunction with a Master             Site Plan Agreement between Murray City and the developer. The             Master Site Plan Agreement shall   govern requirements for the             timing of the installation of improvements, performance on                construction of critical development components, and shall further             memorialize the requirements for development of the several             buildings and parcels as contained in the Master Site Plan and             other project approvals.
         a.    Required Elements. The Master Site Plan Agreement must                address the following components of the proposed project:
            i.   Allowed phasing of residential and commercial                      development components.
            ii.    Allowed residential densities.
            iii.   Required parking for all uses.
            iv.    Buffering of adjacent single-family residential zones. 
            v.     Adequate public facilities and services. 
            vi.    Establishment, maintenance, or enhancement of                   commercial elements. 
      5.   Master Site Plan Application Requirements. When making                applications for Master Site Plan approval to the Planning                Commission, the applicant shall provide, at a minimum, the                following:
         a.   Traffic Impact Study. The study must be prepared by a                licensed traffic engineer and analyze the traffic impacts of                the proposed development on surrounding public and private             transportation facilities.
         b.   Parking Analysis. The applicant must prepare a parking                analysis for the proposed mix of uses, demonstrating that                the project’s parking and circulation needs can be                   accommodated. 
         c.   Adequate Public Utilities & Facilities Review. In order to                determine the availability of and impact upon public facilities                and services    the applicant shall conduct a review of all                public utilities including power, water, sanitary sewer, and                storm water with the Public Works Department.
         d.   Public Services Review.  The City may require review of the                project’s impact upon services including Police, Fire,                   Schools, Parks, and others.
   S.    Residential Densities in Mixed Use Projects.  Residential uses are allowed only in projects with associated commercial components as required by this chapter. Greater residential density in mixed use development is allowed where access to public transportation and the availability of on-site and nearby services limit the need for and impact from vehicle use by residents.  Allowed residential densities in the MCCD Zone are categorized by development east and west of State Street. 
      1.   The maximum residential density for a development or                redevelopment project located on property in the MCCD Zone west             of State Street shall not exceed one hundred (100) units per acre.             (Ord. 19-40)
      2.   The maximum residential density for projects located on property in          the MCCD Zone east of State Street shall not exceed 80 units per             acre. 
      3.   Adequate Public Facilities & Services Review.  In order to                determine the availability of and impact upon public facilities and             services the applicant shall conduct a review of all public utilities             including power, water, sanitary sewer, and storm water with the             Public Works Department.  Review of a proposed development’s             impact upon other services including Police, Fire, Schools, Parks,             and Community and Family Services may also be required.   
 
17.170.120:  HEIGHT REGULATIONS: 
 
The following height restrictions shall apply in the MCCD Zone.
   A.   Buildings shall not exceed ten (10) stories in height or one hundred thirty-five feet (135’) whichever is less. A pedestrian scaled façade must be provided on lower floors. 
   B.   For new buildings located west of State Street and south of 4800 South, a minimum height of forty feet (40') or four (4) stories, whichever is less, is required.
   C.   Buildings located east of State Street are exempt from the minimum height requirement.
   D.   The height of a structure located adjacent to a residential zoning district may not exceed fifty feet (50') within sixty feet (60') of a residential zoning district.
   E.    On properties located north of Court Avenue that are adjacent to Center Street, buildings shall not be erected to a height greater than thirty five feet (35').
   F.   Public or quasi-public utility buildings and structures are exempt from the minimum height regulations above. This exemption does not include office buildings for public or quasi-public utility companies. (Ord. 19-40)
 
17.170.130: LIGHTING STANDARDS:
 
   A.    Street and sidewalk lighting shall meet adopted City light design standards.
   B.    Illumination levels shall not exceed IESNA recommended standards.
   C.    Lighting shall be provided for pedestrian ways that is appropriately scaled to walking. Light standards shall not be taller than sixteen feet (16'). However, light standards adjacent to State Street or 4500 South (major arterial roadways), as well as Vine Street and 4800 South (major collector roadways) are allowed up to twenty-three feet (23') in height. Light standard height will be reviewed on a case by case basis by City staff.
   D.   Lighting shall be shielded and directed downward to prevent any off-site glare.
   E.    All site lighting luminaires will conform to IESNA "cutoff" or "sharp cutoff" classification. City staff will provide additional details as needed.
   F.   For property owner installed private lighting, metal halide and induction lamp sources may be used subject to approval by the City Power Department and CED staff. Building facade lighting must be shielded and directed downward to    avoid light trespass and illumination of the night sky.
   G.   Banners may be attached to banner arms on light standards between sixteen feet (16') and twenty three feet (23') in height. A top banner arm is required with a bottom eyelet, or eyebolt for a banner to be attached to a light standard (see chapter 17.48, "Sign Code", of this title). The bottom of a banner must be at least eight feet (8') above a walkway, surfaced area, or ground level below. (Ord. 19-40)
 
17.170.140:  PARKING REGULATIONS: 
 
This section establishes the standards for the amount, location, and development of motor vehicle parking, standards for bicycle parking, and standards for on-site loading areas in the MCCD. Other titles of this code and guidelines of the MCCD may regulate other aspects of parking and loading.
   A.   General Regulations. The regulations of this chapter apply to all parking areas in the MCCD, whether required by this code or constructed for the convenience of property owners or users. Parking areas include those that are accessory to a use, part of a commercial parking use, or for a park and ride facility in the community services use category.
      1.   Occupancy. All parking areas must be paved, striped, and                landscaped prior to occupancy of any structure unless a deferral             agreement is completed with appropriate security as allowed in             section 17.76.110 of this title.
        2.   Calculation of Required and Allowed Parking.
               a.   When computing parking spaces based on floor area, areas                inside of structures which are used for parking are not                counted.
               b.   The number of parking spaces is computed based on the                primary uses on the site except as stated in subsection B4 of             this section. When there are two (2) or more separate                   primary uses on a site, the required or allowed parking is the             sum of the required or allowed parking for the individual                primary uses.
         c.   For joint use parking, see subsection B4 of this section.
               d.   When more than twenty percent (20%) of the floor area on a                site is in an accessory use, parking is calculated separately                for the   accessory use.
               e.   On street parking spaces immediately adjacent to the                   property may not be used to meet the parking requirements                set forth herein.
        3.   Use of Required Parking Spaces. Required parking spaces must be          available for the use of residents, customers, or employees of the             use. Fees may be charged for the use of required off street parking             spaces. Required parking spaces may not be assigned in any way             to a use on another site, except for joint parking situations. See             subsection B4 of this section. Required parking spaces may not be             used for the parking of equipment or storage of goods or inoperable          vehicles.
        4.   Stacked Parking:
               a.   The requirements for parking spaces and all parking area                development standards continue to apply for stacked                   parking.
             b.    Stacked (individual mechanical lift), tandem, or valet parking                is allowed for non-residential sites if an attendant is present                to move vehicles. If stacked parking is used for required                parking spaces, some form of guarantee or affidavit must be                filed with the City ensuring that an attendant will always be                present when the lot is in operation.
               c.    Tandem parking is allowed for residential sites if parking                spaces (front and back stalls) are reserved or designated for                a single unit.   Each stall constitutes a separate stall as                counted toward the total required number of parking stalls.
               d.    Stacked (multiple mechanical lift systems, or other automatic             parking where individuals are not required to manually                access and control the equipment) may be utilized for all                uses without requiring an on-site attendant.
               e.    Proper equipment safety labels, operational protocols,                equipment maintenance and other fire, life and safety issues                must be reviewed and approved by all applicable City                   departments and meet any International Building Code and                any other applicable Plumbing, Electric, or Building Codes.
        5.    Buildings That Exceed Four (4) Stories. For buildings that exceed             four (4) stories in height, at least fifty percent (50%) of the parking             shall be located within the exterior walls of the building or in a             parking structure or    structures. For the purposes of this chapter,             building height is determined by measuring the vertical distance             from the average of the finished ground level adjoining the building             at the exterior wall to a flat roof deck or, for sloped roofs, to the             average height of the highest roof surface. Pursuant to Section             17.76.090 of this title, the height limitations shall not apply to               architectural screening for mechanical equipment, church steeples,             or decorative tower elements.
          6.   Parking structures and decks should provide the majority of parking          in the MCCD Zone.
      a.    Direct Access Required. Parking decks and structures must                provide direct, interior, or weather protected access to the                buildings, uses, and projects that they serve. 
      b.    Exception. The Planning Commission may approve parking                intended to fill commercial requirements in structures located             up to three hundred feet (300') from the commercial location                if it can be shown to be necessary. 
      c.   Wayfinding signage and marked pedestrian pathways                through structures and sites must be provided in all                   structured and surface parking.
          7.   On-street parking adjacent to the development parcel shall not             count toward the minimum parking required by this chapter.
          8.   Parking in excess of one hundred twenty five percent (125%) of the          minimums outlined in this section may only be provided in parking             structures or within the envelope of the building.
          9.    In addition to Community and Economic Development Department             review, the Streets Division and Engineering Division shall review             the layout of parking areas, curb- cut and access restrictions as set             forth in Chapter 17.72, "Off Street Parking and Motor Vehicle             Access Standards,"    of this title. Parking for projects located along             State Street shall also require approval from the Utah Department             of Transportation (UDOT) related to access locations, curb cuts,             and the like.
   B.   Requirement of Parking Spaces.  The purpose of required parking spaces is to provide enough on-site parking to accommodate the majority of traffic generated by the range of uses which might locate at the site over time. Mixed-use sites that are located in close proximity to transit, have good street connectivity, and good pedestrian facilities may need less off-street parking than other types of    development. The MCCD Zone encourages the inclusion of transit supportive plazas and bicycle parking to encourage transit use and bicycling by employees and visitors to the site, reducing the need for off-street vehicle parking over time. The required parking numbers correspond to broad use categories, not specific uses, in response to this long term emphasis. Provision of carpool parking located close to the building entrance will encourage carpool use.
      1.   Parking Requirements East and West of State Street.  The                residential and commercial parking requirements for developments             and redevelopment of property in the MCCD Zone are contained in             Table D, below.
 
 
 
Table D:  Parking Requirements
Land Use
Parking Spaces Required
Residential, Studio
1 space per unit
Residential, 1-bedroom
1.05 spaces per unit
Residential, 2-bedroom
1.5 spaces per unit
Residential, 3-bedroom +
2.5 spaces per unit
Office
1 space per 500 ft2 net usable floor area
Medical/Dental Offices & Clinics
1 space per 500 ft2 net usable floor area
Retail/Commercial
1 space per 500 ft2 net usable floor area
Restaurants / Eating & Drinking Establishments
1 space per 500 ft2 net usable floor area
Uses not listed
As determined by the Planning Commission based on comparable standards
Disabled / ADA Accessible
See Section 17.72.040 of this title.  Other requirements per the Americans with Disabilities Act
Parking in excess of 125% of minimum requirements
Allowed as approved by the Planning Commission if provided within structures or the building envelope
   
        2.   Joint Use Parking: Joint use of required parking spaces may occur             where two (2) or more uses on the same or separate sites are able             to share the same parking spaces because their parking demands             occur at different times. Joint use    of required non-residential                parking spaces is allowed if the following documentation is                submitted in writing to the Planning Commission:
               a.   The names and addresses of the uses and of the owners or                tenants that are sharing the parking.
               b.   The location and number of parking spaces that are being                shared.
               c.   An analysis showing that the peak parking times of the uses                occur at different times and that the parking area will be                large enough for the anticipated demands of both uses.
               d.    A legal instrument such as a cross-access and parking                easement or deed restriction that guarantees continued                access to the parking for both uses.
        3.    Limit on Size: If the total parking area of a project exceeds two (2)             acres, it shall be divided into a series of separate lots. No single             parking area shall exceed one (1) acre.
        4.    Carpool Spaces: Carpool spaces shall be designated for new             commercial and non-residential portions of mixed-use buildings at a          number equivalent to ten percent (10%) of the total automobile             parking for each non-residential and mixed-use building on the site.          Signage indicating carpool parking spots must be provided, and the          spaces must be within two hundred feet (200') of entrances to             buildings served.
      5.    Compact Stalls: Compact stalls may be used within the MCCD and             shall not constitute more than fifteen percent (15%) of the total             provided spaces for a use or development. In the case of parking             structures, compact spaces shall be limited to fifteen percent (15%)          of the total spaces in the structure. Minimum dimension for compact          spaces shall be eight feet by sixteen feet (8' x 16').
        6.   Bicycle Parking: Bicycle parking is required for most use categories          to encourage the use of bicycles by providing safe and convenient             places to park bicycles. These regulations ensure adequate short              and long term bicycle parking based on the demand generated by             the different use categories and on the level of security necessary             to encourage the use of bicycles for short and long stays. Bicycle             racks shall be placed on every development as follows:
               a.   The minimum number of bicycle parking spaces provided for             any use shall be five percent (5%) of the vehicular parking                spaces required for   such use, up to a maximum of twelve                (12) spaces.
               b.    At least two feet by six feet (2' x 6') per bicycle.
               c.   Designed to have sufficient space, to be a minimum of                twenty four inches (24"), beside each parked bicycle to allow             access. This access may be shared by adjacent bicycles.                Racks shall be installed a minimum of twenty four inches                (24") from any wall or other obstruction.
             d.    Located to prevent damage to bicycles by vehicles and the                like.
               e.    In a convenient, visible, lighted area.
               f.    Located so as not to interfere with pedestrian movements.
               g.    Located to provide safe access to and from the street.
               h.    Designed to allow each bicycle to be supported by its frame.
               i.    Designed to allow the frame and wheels of each bicycle to be secured against theft.
             j.    Anchored to resist rust or corrosion, or removal by vandalism.
         k.    Designed to accommodate a range of bicycle shapes and sizes and facilitate easy locking without interfering with adjacent bicycles.
           l.   Bike lockers designed for long term storage may be substituted for up to   half the required bicycle parking spaces.
               m.    Except for bike lockers, bicycle parking must be located within fifty feet (50') of a building's primary entrance. (Ord. 19-40)
 
17.170.150:  LOADING AND SERVICE AREAS: 
 
Utilities, mechanical equipment placement and screening and service entries shall be considered early on in a project to minimize the impact both visually and acoustically and to address safety concerns. The visual impacts of utilities and mechanical equipment and any service area canopy shall be minimized using the following techniques:
   A.   Service entrances, waste disposal areas and other similar uses shall be located to the side or rear of buildings and shall be oriented toward service lanes and away from major streets.
   B.   Service areas shall be positioned to minimize conflicts with other abutting uses.
   C.   Screening walls/landscaping shall be provided to minimize visual impact of service and utility areas, using materials consistent with building design to integrate service and utility areas into design.
   D.   Screen height shall be sufficient to conceal view from right-of-way and public areas of site.
   E.   Screening shall be required for both ground level mounted and rooftop mounted mechanical equipment and utilities.
   F.   Height of screening around outdoor/rooftop equipment shall be limited to the minimum height necessary to screen equipment from public view including adjacent properties' circulation routes.
   G.    Mechanical equipment, satellite dishes, vents, flues, and associated penetrations shall not be located on a roof slope that faces the public right-of-way.
   H.   Mechanical equipment may be screened by extension of the roof parapet if no rooftop equipment is visible from any public right-of-way within five hundred feet (500').
   I.   Ground screening materials shall be of the same or complementary material/detailing as that of the main structure. (Ord. 19-40)
 
17.170.160: LANDSCAPING, OPEN SPACE, AND PROJECT AMENITIES:
 
   A.   Each development shall have a system of pedestrian walkways and sidewalks that provide easy connections between the building entrances, neighboring building entrances, sidewalks, parking areas, open space, and public trails. Sustainable landscaping including xeriscape species, and innovative water recycling or irrigation systems is encouraged. All landscape plans must be approved by the City.
   B.   Water conserving landscape designs shall be used. All landscaping must be irrigated and planted with substantial live plant material or appropriate xeriscape for the purpose of buffering, screening, and beautifying the site, and shall comply with applicable landscape requirements found in chapter 17.68 of this title, except lawn shall not be required as stated in subsection 17.68.040A1a of this title. At plant maturity the landscaping shall represent compatibility with surrounding developed properties and uses and must be permanently maintained by the owner or occupants.
   C.   The preservation of existing trees located at least fifteen feet (15') outside of the building footprint is encouraged wherever possible. Applicants for new construction shall submit tree surveys in conjunction with landscaping plans in order to identify trees that may be preserved.
   D.     Trees shall be spaced in order to provide shade for fifty percent (50%) of sidewalk length within five (5) years of planting when combined with shade provided by approved structures.
   E.    Where new plant materials are to be used, indigenous species should be included. No more than fifty percent (50%) of the landscaping areas shall be turf. Where turf is specified, an eco-lawn mix shall be used. Appropriate, indigenous species of plant materials and trees will be established by Community and Economic Development staff.
   F.   A fifty foot (50') minimum setback shall be provided from top of bank of Little Cottonwood Creek. No buildings, parking facilities, or vehicular accesses may be placed in the required setback.  The Planning Commission may approve pedestrian, bicycle, or multi-use paths and trails and other open space improvements or amenities within the setback if they are not disruptive. Top of bank shall be located by a licensed surveyor or engineer.
   G.   Public spaces that are adjacent to wetlands or watercourse setbacks must have a native planting transition zone that blends into sensitive habitat areas.
   H.   Fifteen percent (15%) of the area of each project shall be developed as landscaped setbacks, public plazas, parks open spaces, or walkways. In addition, each project shall have a system of pedestrian walkways and sidewalks that provide connections between building entrances, neighboring building entrances, sidewalks, parking areas, open spaces, and walkways. Amenity areas provided in conjunction with multi-family uses will qualify as open space. (Ord. 19-40)
   I.   Project Amenities must be provided in each mixed-use development.  Developments with up to one hundred (100) units must provide a minimum of one (1) project amenity. Projects with more than one hundred (100) units must provide one (1) additional amenity for each additional one hundred (100) units or portion thereof.  Project amenities can include both indoor spaces such as club houses and exercise facilities, and outdoor spaces such as walking paths, dog parks, playgrounds, pools. For required amenities, selections may be made from the list below. The Planning Commission may consider and approve the use of other amenities not anticipated here.
   1.    Playing fields.
      2.    Sport Courts.
      3.    Playground areas (to include four pieces of playground equipment minimum.)
      4.    Picnic areas.
      5.    Tennis courts.
      6.    Swimming pools.
      7.    Exercise rooms, gymnasiums.
      8.    Club rooms.
      9.    Outdoor patios areas.
      10.    Gazebos.
      11.    Walking paths.
      12.    Multi-purpose trails.
      13.    Dog parks.
      14.    Nature paths with improvements.
      15.    Climbing Walls and Gyms.
      16.    Amphitheaters and outdoor entertainment areas.
      17.    Tot-lots (may consist of single playground equipment with seating adjacent.)
      18.    Community gardens.
      19.    Interactive fountains and water features.
 
17.170.170:  SIGN REGULATIONS: 
 
Signage in the MCCD shall be governed by the standards of the City Sign Code found in chapter 17.48 of this title unless modified by the standards below. In calculating allowed sign area for attached signs the standards of section 17.48.200 of this title related to signs in commercial and manufacturing zones shall apply. Residential buildings shall be limited to signage indicating the name and address of the project and required informational and regulatory signs such as lobby hours or parking garage wayfinding.
   A.    Signs shall be designed in accordance with the MCCD design guidelines in relation to materials, color, and sign type. New signs in the MCCD shall be considered a minor alteration requiring administrative design review approval.
   B.    Wayfinding and directional signage related to parking and access up to a maximum of eight (8) square feet may be located on the same building, property, or within the same project.  Such signage may also be reasonably located off-site within the same district if the necessity for such locations can be demonstrated through the design review process. (Ord. 19-40)
 
17.170.180:  NONCONFORMING USES AND DEVELOPMENTS: 
 
Nonconforming uses shall be allowed to continue and expand in accordance with chapter 17.52 of this title. Establishment of permitted or conditional uses on properties that are nonconforming in relation to building or parking setback, landscaping, or other site development standards shall not be required to bring the site into conformance with the standards of this chapter until the cost of improvements or renovations to a property or site exceeds fifty percent (50%) of the assessed value of the buildings on the property. Applications for renovations or improvements to properties that are nonconforming in relation to development standards shall include a calculation of the cost of the improvements. (Ord. 19-40)
 
Section 3.  Enact chapters 17.162 and 17.164. Chapters 17.162 and 17.164 of the Murray City Municipal Code shall be enacted as follows:
CHAPTER 17.162: CENTERS MIXED USE, CMU
 
17.162.010:  PURPOSE: 
 
The Centers Mixed Use Zone is established to provide an opportunity for the measured, context sensitive addition of residential housing to existing commercial properties and developments along major transportation corridors and in and around retail and commercial centers identified by the 2017 Murray City General Plan.  Allowing the introduction of residential uses to these areas is intended to support the goals and principles of mixed-use development by facilitating a more compact, sustainable, and pedestrian oriented land use pattern as these existing commercial centers and corridors redevelop over time. 
 
17.162.020:  ESTABLISHMENT: 
 
The Centers Mixed Use Zone should be considered for application to a property or properties within an established development having a minimum area of three (3) acres or more, and to those properties which are currently zoned or used for non-residential uses. 
 
17.162.030:  FINDINGS REQUIRED: 
 
The Centers Mixed Use (CMU) Zone should only be considered where Murray City officials find that mixed-use zoning will result in land use patterns and development that will meet a minimum of five (5) of the following goals.  The application of the CMU Zone should foster development proposals that:
   A.   Result in high-quality redevelopment of commercial properties.
   B.   Retain and/or rehabilitate the commercial use of a significant portion of the property area.
   C.   Facilitate the adaptive re-use of existing commercial structures.
   D.   Increase local access to commercial services for in-project residents as well as for the residents of the immediately surrounding and nearby neighborhoods.
   E.    Promote a greater variety of housing options within Murray neighborhoods.
   F.    Promote opportunities for life-cycle housing, and housing for moderate income households.
   G.   Provide increased walkability on the project site and result in walkable connections to the surrounding residential neighborhoods.
   H.   Create and contribute to a sense of place and community.
   I.   Result in improved conditions for buffering and transition between the project site and adjacent residential uses.
 
17.162.040:  PERMITTED USES: 
 
Residential and non-residential land uses in the CMU Zone should complement one another and foster the creation of a mixed-use center with commercial uses that are utilized by the residents on the same site, and which contribute to the commercial and retail viability of the larger area. No outside storage will be allowed in the CMU Zone. The following are permitted uses in the CMU Zone. Any use not listed shall be prohibited.
 
 
Table A:  Permitted Uses
No.
Land Use Classification
1120
Two-family dwelling in conjunction with mixed use developments subject to Section 17.162.080(A).
1130
Multiple-family dwelling in conjunction with mixed use developments subject to Section 17.162.080(A).
1150
Apartment high rise (subject to requirements for ground floor commercial uses).
1511
Hotels.
2180
Beverages (only in conjunction with a restaurant, 5,000 square feet or smaller).
2300
Manufacture; apparel (handwork trades only in no more than 5,000 square feet; deliveries and shipping only during normal business hours; no odors).
2510
Household furniture (handwork trades only in no more than 5,000 square feet; deliveries and shipping only during normal business hours; no odors; no outside storage).
2740
Commercial printing (handwork trades only in no more than 5,000 square feet; deliveries and shipping only during normal business hours; no odors).
2760